RECE~VED
CLERK’S OFFICE
JAN
06
2005
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
ADMINISTRATIVE
CITATION
POHut~n2d
COUNTY OF
JACKSON,
)
)
Complainant,
)
)
v.
)
AC 04-39
)
(Site Code: 0778155007)
)
EDWARD TOW,
)
)
Respondent.
)
COMPLAINANT’S POST
HEARING/CLOSING BRIEF
Complaint, the County ofJackson, files its post hearing
-
closing brief in the matter.
INTRODUCTION
AND PROCEDURAL
MATTERS
On January 26,2004 the Complainanthereinfiled an Administrative Citati~n~against
Edward
Tow, the Respondent, under Section 31.1 ofthe Illinois Environmental Protection Act 415 ILCS
5/1
et. seq.
(the Act).
It is allegedthe Respondent violated Section 21 (p)(1) ofthe Act.
The Respondent
timelyfiledhis response to the Citationon January 30,2004.
The matterwas heardin Murphysboro,
Illinois onNovember 22, 2004 by HearingOfficer, Carol Webb.
She filedher report with this Board
on November 23,
2004.
FACTS
On December
17, 2003, certified solid waste inspector, Don Terry, inspected a site known
herein afteras the site(Site Code No. 0778155007) situated in a rural, unincorporatedpart ofJackson
County, Illinois.
Tr. 6.
Also Complainant Ex. p.1.
The inspection was conducted pursuant to the
JacksonCounty HealthDepartment’s delegationagreementwith the Illinois EnviroinnierttaiProtection
Agency.
Tr. 6-7.
The site is owned by the Respondent, Edward Tow.
Tr.
7.
At the site Mr Terry
Page
1 of 3
observed numerous abandonedvehicles, a boat, and tires and rims.
Tr. 8 and Complainant’s Ex. p.2.
A dwelling
unit does not exit on
the
site.
Tr.
8.
Mr. Terry testified that none ofthe vehicles he
observed were capable ofbeing drivenand all appeared to be unusedfor a period in excess ofat least
seven consecutive days prior to his inspection.
Tr.
10-11. Mr. Terry deemed all ofthe vehicles that
day as abandoned. Tr.
11.
Complainant Ex. pp 3-9 (thephotos).
Mr. Terry furthertestified that Mr.
Towtold himhe had placed mostofthevehicles onthe site.
Tr. 12.
Respondentevenadmitted to that
fact. Tr.
15.
Mr. Terryalso testified that he neverhad problems gaining accessto the Respondent’s
site from the public road.
Tr.
12.
The site did not have the proper permits for storing waste items.
Tr.
12, Complainant’s Ex. p.2.
ARGUMENT
Open dumping is defined as ‘the consolidation of refuse 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 is
defined as “waste” (415 ILCS
5/3.585
(2002)).
Disposal
is defined as “the discharge,
deposit, injection, dumping, spilling, leaking or placing ofany waste.
.
.
into or onto land...
.“
415
ILCS
5/3.185
(2002)).
Litter
is
defined
in
the Litter
Control Act as
‘any
discarded,
used or
unconsumed substance or waste.
.
.
abandoned vehicle (as defined in the Illinois Vehicle Code..
.),
motorvehicle parts..
.
or anything else ofunsightlyorunsanitary nature, which hasbeen discarded,
abandoned orotherwisedisposed ofimproperly.” 415 ILCS 105/3 (2002). TheIllinois Vehicle Code,
625
ILCS 5/1-101.5, defines abandoned vehicle as “any vehicle in a state ofdisrepair rendering the
vehicle incapable ofbeing driven in its condition or any vehicle that hasnot been movedor usedfor
7 consecutive days or more...
Page 2 of 3
The evidence presented herein clearly shows the Mr. Tow was responsible for depositing
vehicles and litter onto his own land.
At the time ofthe inspection, numerous vehicles were found
incapable ofbeing driven and clearlynot used for a least seven consecutive days prior to the day of
the inspection.
Also at the site were other items such asdiscarded auto parts and tires and rims.
All
ofthese items are litter and were deposited onto Respondent’s site by himselffrom offsite locations.
At thehearing the Respondent offeredthe argument that he couldnot gainregularaccess to his
siteto removethe vehicles and debris.
However, even ifthis were trueitwould not providehim with
a defense to the administrative citation.
This Board has repeatedly heldthat clean up efforts are not
a mitigating factorunder the administrative citationprogram. City ofChicagov. CityWideDisposal,
j~, AC 03-11
(September 4, 2003).
The inspector testified that he never had problems accessing
Respondent’s site from the public road.
It appears much ofRespondent’s alleged access problems
were ofhis own making.
CONCLUSION
Based on the record, the findings ofthe Hearing Officerand the argumentspresented above,
Complainant requests this Board to find that the Respondentviolated Section21 (p)(1) on December
17, 2003
and impose a fine of$1,500.00.
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse, Third Floor
Murphysboro, Illinois 62966
618-687-7200
For the Complainant
Page 3 of
3
PROOF OF SERVICE
I hereby certify that I did on the 3’~’
day of January 2005, send by U.S. Mail, with postage
thereonfully prepaid,by depositing in U.S. Post Office Box a true and correct copyofthe following
instrument(s) entitled COMPLAINANT’S POST HEARING/CLOSING BRIEF
To:
Carol Webb
Edward Tow
Hearing Officer
215 N. Poplar
Illinois Pollution Control Board
Elkville, IL 62932
1021
North Grand Avenue East
P.O.
Box 19274
Springfield,
IL 62794-9274
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
Illinois Pollution
Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse, Third Fl.
Murphysboro, IL 62966
618-687-7200
FILING SUBMITTED ON RECYCLED PAPER
