1. NOTICE OF FILING
  1. APR 07 2004
      1. PROOF OF SERVICE
RECE
WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
07200k
STATE OF lLLINOlS~
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
04-18
)
v.
)
(IEPA No. 514-03-AC)
)
LUTHER COLEMAN,
)
)
Respondent.
)
NOTICE OF FILING
To:
Luther Coleman
Carol Sudman
624 W. Logan
Hearing Officer
Harrisburg, Illinois
62946
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield,
IL
62702
PLEASE TAKE NOTICE that on this date Ipresented to the hearing officer for filingwith the Clerk of the
Pollution Control Board ofthe State of Illinois the followinginstrument(s) entitled POST-HEARING BRIEF OF
COMPLAINANT.
Respectfully submitted,
Michelle
M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
April
5, 2004
THIS FILING SUBMITrED
ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE

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APR 07
2004
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARIi~TATEOF
ILLINOIS
Pollution Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
04-18
)
V.
)
(IEPA No. 514-03-AC)
)
LUTHER COLEMAN,
)
)
Respondent.
POST-HEARING BRIEF
OF COMPLAINANT
On October 6, 2003, the Illinois Environmental Protection Agency (“Illinois EPA”)
issued an administrative citation
to Luther Coleman (“Respondent”).
The citation alleges
violations ofSection 21(p)(1) and 2l(p)(3) ofthe Environmental Protection Act (“Act”) (415
ILCS
5121QD)(1)
&
(3) (2002)), in that Respondent caused or allowed open dumping of
waste,
resulting in litter and open burning on September 10, 2003.
The violations occurred at adjoining
properties located at 624 and
700 W. Logan, Harrisburg, Saline County,
Illinois.
Transcript, pp.
5,9-10;
Exhibit
1.
Illinois EPA has demonstrated that Respondent caused or allowed open dumping on the
site.
“Open dumping” means “the consolidation ofrefuse
from one or more sources at
a disposal
• site that
does not fulfill the requirements ofa sanitary landfill.”
415
JLCS
5/3.305
(2002).
“Refuse” means “waste,” (415 ILCS
5/3.385
(2002)), and “waste” includes “any garbage..
.
or
other discarded material” (415 ILCS 5/3.535
(2002)).
The inspection report admitted into
evidence as Exhibit
1
and the testimony at hearing show that various materials including
household
garbage and demolition debris were accumulated on the site.
Tr.
at 6-7; Exh.
1, pp.
3-
4, 7-9.
These materials constitute “garbage” and “discarded material” within the meaning ofthe
term “waste.” Most of the waste was arranged in piles, some ofwhich were tarped, and
some of
which was still
in open bed trucks.
Id.
The waste piles and other waste visible in the
photographs in Exhibit
1
coristitute the “consolidation ofrefuse from one or more sources”
within the meaning of~the
term “open dumping.”
Exh.
1
at 7-9.
Respondent told the Illinois EPA inspector on the date ofthe inspection that he owned the
property up to the ditch.
Exh.
1
at 4,
see also,
Tr. at 9.
Respondent also admitted at hearing
(although not under oath) that he is the owner ofboth ofthe properties in question.
Tr. at 9.
Respondent appears to be concerned about the distinction between the two properties, but the
testimony shows that the dividing line
is not well marked.
See
Tr. at 9,
13.
Respondent maybe
attempting to
argue that he does not own the property to the west ofhis house, but he introduced
no evidence to support such an argument.
In fact, all ofthe evidence introduced indicates that he
is the owner, from his admissions to the tax assessor’s records which still
listed Respondent as
the recipient ofthe tax bill as ofthe hearing date of March 3, 2004.
Tr.
at 9-10.
In any case,
Respondent admitted that waste was present on both properties on September 10, 2003. Tr. at
12-
13, Exh.
1
at 7-9.
As the apparent owner of and person exerting control over said properties,
Respondent caused or allowed the open dumping ofwaste observed on September 10, 2003.
Respondent’s causing or allowing the open dumping ofthese wastes resulted in “litter”
•under
Section 2l(p)(l) ofthe Act (415 ILCS
5I21(~p)(1)
(2002)).
The Act does not define “litter,”
but in
similar cases,
the Board has looked to
the definition of “litter” in the Litter Control Act:
“Litter” means any discarded, used orunconsumed substance orwaste.
“Litter” may
include, but is not limited to, any garbage, trash, refuse, debris, rubbish.
.
.or anything
else of an
unsightly or unsanitary nature, which has been discarded, abandoned or
otherwise disposed ofimproperly.
2
415 ILCS 105/3(a) (2002); see St.
Clair County v. Louis I. Mund
(Aug. 22, 1991), AC 90-64, slip op.
at
4, 6.
Using this definition, the garbage and demolition debris
constitute “litter” under
Section
2l(p)(l) of the
Act,
and
therefore
Respondent violated
that
section.
In
addition, the demolition
debris, including wood,metlil, fencing, and various otherwaste, which is visible in photographs
1, 3,
4, and
5 ofExhibit
1 demonstrates that Respondentalso violatedSection 21(p)(7) ofthe Act.
Exh.
1,
pp.
7-9.
The Illinois EPA photographs and inspection report and the eyewitness testimony show that
Respondent allowed open
dumping of waste
in
a
manner resulting
in
litter
and
deposition of
demolition debris in violation of Sections 2l(p)(l) and 21(p)(7) ofthe Act.
Illinois EPA requests
that the Board enter a final order finding that Respondent violated these sections and imposing the
statutory penalty.
Respectfully Submitted,
DATED: April
5,
2004
Michelle M. Ryan
Special Assistant Attorney General.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
•Springfield, Illinois 62794-9276
(217) 782-5544
3
PROOF
OF SERVICE
I herebycertify that I did on the
5th
day ofApril, 2004, send by U.S. Mail, with postagethereon
fully prepaid, by
depositing
in
a
United States
Post Office
Box
a
true
and
correct
copy
of the
following instrument(s) entitled POST-HEARING BRIEF OF COMPLAINANT
To:
Luther Coleman
Carol Sudman
624 W. Logan
Hearing Officer
Harrisburg, Illinois 62946
Illinois Pollution
Control Board
1021 North Grand Avenue East
Springfield,
IL 62702
and the original and nine (9) true and correct copies ofthe same foregoing instruments
on the same
date’by U.S.
Mail with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
-
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
~
Michelle M. Ryan
Special Assistant AttorneyGeneral
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
~217)782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER

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