RECEIVED
CLERK’S OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROLBOARD
OCT
2004
ILLINOIS ENVIRONMENTAL
)
STATE
OF
ILLINOIS
PROTECTIONAGENCY,
)
Pollution Control
Board
)
Complainant,
)
AC 04-46
)
V.
)
(IEPA No. 35-04-AC)
)
CHRISTOPHER COLEMAN,
)
Respondent.
NOTICE OF
FILING
To:
Christopher Coleman
Route
7, Box 103
Weslaco, Texas
78596
PLEASE TAKE NOTICE that on this date I presented to the hearing officer for filing with
the Clerk ofthe Pollution Control Board ofthe
State ofIllinois the following instrument(s) entitled
POST-HEARING BRIEF OF COMPLAINANT
and MOTION TO FILE INSTANTER.
Respectfully submitted,
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:
October 7, 2004
THIS
FILING
SUBMITTED
ON
RECYCLED PAPER
RECE
WED
CLERK’S OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
OCT
2004
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC
04-46
)
V.
)
(IEPANo. 35-04-AC)
)
CHRISTOPHER COLEMAN,
)
Respondent.
POST-HEARING BRIEF
OF
COMPLAINANT
On January 28,
2004, the Illinois Environmental Protection Agency (“Illinois EPA”)
issued an administrative citation to Christopher Coleman (“Respondent”).
The citation alleges
violations ofSection 21@)(1)
and 21(p)(7) ofthe Environmental Protection Act (“Act”) (415
ILCS 5/21(p)(1) & (7) (2002)), in that Respondent caused or allowed open dumping of waste,
resulting in litter and deposition of construction or demolition debris.
The violations occurred at
a property located on the west side ofthe junction ofRoute
127 and the main road leading into
Alto Pass, Illinois.
Transcript, p.
7; 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 ILCS
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 material including old
broken windows and windoiv
frames, bottles, clothes, paper products, computer and
stereo
equipment, furniture, dishes,
tires, wood, and various metal and plastic objects were accumulated
on the site.
Tr. at 9-10; Exh.
1, pp. 3-4,
7-15.
These materials constitute “discarded material”
within the meaning ofthe term “waste.”
The photographs and site sketch in Exhibit
1
show that
these items were arranged in various piles around the site.
Id.
The piles and otherwaste visible
in the photographs in Exhibit
1
constitute the “consolidation ofrefuse from one or more sources”
within the meaning ofthe term “open dumping.”
Id.
Respondent was responsible for the operation ofthe property on January 13, 2004.
Tr. at
8.
As such, Respondent caused or allowed the open dumping ofwaste observed on that date.
Respondent’s causing or allowing the open dumping ofthese wastes resulted in “litter”
under Section 21(~p)(1)ofthe Act (415 ILCS
5/21(p)(1)
(2002)).
The Act does not define “litter,”
but in similar cases, the Board has looked to the defluition of“litter” in the Litter Control Act:
“Litter” means any discarded, usedorunconsumed substanceor waste.
“Litter” may
include, but is not limited to, any garbage, trash, refuse, debris, rubbish.
.
.
oranything
else of an unsightly or unsanitary nature, which has been discarded, abandoned or
otherwise disposed ofimproperly.
415 ILCS
1 05/3(a)(2002); see St.
Glair county v. Louis I. Mund
(Aug. 22, 1991),AC 90-64, slip op.
at 4, 6.
Using this definition, the windows, clothes, books, tires,electronics, furniture, dishes, glass,
wood,
plastic
and
metal
constitute
“litter”
under
Section
21(p.)(1)
of the
Act,
and
therefore
Respondent violated that section.
Respondent’s open dumping ofthese wastes also resulted in deposition of äonstruction or
demolition debris, in violation ofSection 2l(p)(7) ofthe Act (415 ILCS
5/2l(p)(7) (2002)).
“General Construction or Demolition Debris” is defmed in Section 3.160(a) of the Act, 415 ILCS
5/3.160(a) (2002), in relevant part, as
“.
.
.materials resulting from the construction,
remodeling,
repair, and demolition of utVities, structures and roads, limited to.. .wood, including...wood
2
products.. .plumbing fixtures...glass.
.
.and piping or metals incidental to any ofthose materials”
As described above, various types of these items were observed at the site, which constitutes
“deposition of construction or demolition debris” under
Section 21@)(7) ofthe Act, and
therefore Respondent violated
that section.
The Illinois EPAphotographs and inspection report and the eyewitness testimony show that
Respondent
allowed open
dumping of waste
in
a manner
resulting
in
litter
and
deposition of
construction and demolition debris in violation ofSections 21 (p)(1) and 21 (p)(7) ofthe Act.
Illinois
EPA requests that the Board enter a final order finding that Respondent violated these sections and
imposingthe statutory penalty.
Respectfully Submitted,
DATED: October 7, 2004
Michel e 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
•
RECE~VEO
•
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDOCT
82004
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
POII~ti~~
Controi Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-46
)
V.
)
(IEPA No. 35-04-AC)
)
CHRISTOPHER COLEMAN,
)
Respondent.
MOTION TO FILE INSTANTER
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“illinois EPA”),
by and through its attorney, Michelle M. Ryan, pursuant to 35 Ill. Adm. Code 10 1.522, and respectfully
states as follows:
(1)
Pursuant
to
the
Hearing
Report
issued
in
this
matter
on
September
16,
2004,
Complainant’s post-hearing brief was due on October 6, 2004.
(2)
Dueprimarily to an organizational error by the assigned attorney, thepost-hearingbrief
was filed one day late.
(3)
The transcript for the September
15,
2004 hearing was not available on the Pollution
Control Board’s (“Board”) website until October 7, 2004, rendering the aforementioned organizational
error harmless.
(3)
Pursuant to 35 Iii. Adm. Code 101.522, theBoard
may allow foran extension oftime for
filing any document either before or after the due
date.
•
(4)
No prejudice will resultto theBoard by grantingthis motion, asthis case doesnot contain
a statutory decision deadline.
(5)
No prejudice will result to the Respondent, in that he did not participate in the hearing
and
is not expected to file a post-hearing brief.
Furthermore, Complainant has no objection to
a
commensurate extension ofRespondent’s due date.
WHEREFORE,
Illinois
EPA requests that the Board grant this
Motion
to File Instanter and
accept Complainant’s Post-Hearing Brief as timely filed.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: October 7, 2004
~
Michelle
.
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
THIS
FILING SUBMIYI’ED ON
RECYCLED PAPER
PROOF OF SERVICE
I hereby certif~’
that
I did
on the
7th
day ofOctober 2004,
send by U.S.
Mail with postage
thereon fullyprepaid, by depositing in a United States Post Office Box a true and correct copyofthe
following instrument(s) entitled POST-HEARING BRIEF OF COMPLAINANT and MOTION TO
FILE INSTANTER
To:
Christopher Coleman
Carol Sudman
Route 7,
Box
103
Hearing Officer
Weslaco, Texas
78596
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box
19274
Springfield, Illinois 62794-9274
and the original and nine (9) true and correct copies ofthe same foregoing instruments
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 Attorney General
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
