BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
‘~c~~IVEo
ILLINOIS ENVIRONMENTAL
)
OFF~~~
PROTECTION AGENCY,
)
AUG
1
f
Complainant,
)
AC 05-20
Pot~
Confr~~
Board
V.
)
(IEPAN0.
412-04-AC)
)
JOHN GROFF,
)
Respondent.
NOTICE
OF FILING
To:
John Groff
P.O.
Box 966
Centralia, IL 62801
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled POST-HEARING BRIEF
OF COMPLAINANT.
Respectfully submitted,
Miche
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
Dated:
August
11, 2005
ThIS
FILING SUBMI1TED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
AUG
1
~?
2005
Complainant,
)
AC 05-20
~
~~~O!S
V.
)
(IEPANo. 412-04-AC)
)
JOHN GROFF,
)
Respondent.
)
POST-HEARING BRIEF OF COMPLAINANT
OnAugust
25, 2004, the Illinois Environmental Protection Agency (“Illinois EPA”)
issued an administrative citation to John Groff(“Respondent”).
The citation
alleges violations of
Section 21(p)(l),
2l(p)(3) and 21(p)(7) of the Environmental Protection Act (“Act”) (415 ILCS
S/2l(p)(l), (3) & (7) (2002)), in that Respondent caused or allowed open dumping of waste,
resulting in litter, open burning, and the deposition ofconstruction or demolition’debris.
The
violations occurred at a property located at 2503 Barton Road,
south of Junction City, Marion
County.
Transcript, pp.
3, 7;
Exhibit
1.
Illinois EPA has demonstratedthat Respondent caused or allowed open dumping on the
site.
“Open dumping” means “the consolidation of refuse from one or more sources at a disposal
site that does not fulfill the requirements of a 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 IILCS
5/3.535
(2002)).
The inspection report
admitted into
evidence as Exhibit
1
and the testimony
at hearing show that wood, painted wood, tires,
landscape waste,
Styrofoam, tarpaper, plastic and metal,
as well as ash and remains from
burning,
were accumulated on the site.
Tr.
at 11-13; Exh.
1, pp.
3, 6-10.
These materials
constitute “discarded material” within the meaning of the term “waste.”
Respondent admitted
that he placed landscape waste, tires and debris from
a shed on the site and later burned them.
Tr.
at 19-21.
As such, Respondent caused or allowed the open dumping ofwaste observed on
April 7,
2004..
Respondent’s causing or allowing the open dumping of these wastes resulted in
“litter”
under Section 2l(p)U) 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 definition of “litter” in the Litter Control Act:
“Litter” means any discarded, usedor unconsumed 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.
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 wood, tires, landscape waste, Styrofoam, tarpaper,
plastic,
metal,
ash and
remains from
burning constitute
“litter”
under
Section
2l(p)(l) of the Act,
and
therefore Respondent violated that section.
Respondent’s open dumping ofthese wastes also resulted in open burning in violation of
Section 21@)(3) ofthe Act (415 ILCS 5/21(p)(3) (2002)).
“Open burning” is defined in
Section
3.300 of the Act, 415
ILCS 5/3.300 (2002), as “the combustion ofany matter in the open or in an
open dump.”
As
described above, the bum piles located on the site meet the definition of“open
dumping.”
Respondent admitted that he burned tires and wood from
a
shed at the site.
Tr.
at
19-
21.
The burning of any or all ofthis matter in the waste piles constitutes “open dumping of
waste in
a manner that results in.. .open burning” under Section 21(p)(3) of the Act,
and therefore
Respondent violated that section.
2
Respondent’s open dumping ofthese wastes also resulted
in the deposition of
con~tructionor demolition debris in violation of Section 21(p)(7) ofthe Act (415 ILCS
5/2l(p)(7) (2002)).
“Construction or demolition debris” is defined
in part, as follows:
“General construction or demolition debris” means non-hazardous,
uncontaminated materials resulting from the construction, remodeling, repair, and
demolition of utilities, structures, and roads, limited
to the
following:
bricks,
concrete, and other masonry materials;
soil; rock; wood, including non-hazardous
painted, treated, and coated wood and wood products; wall coverings; plaster;
drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other
roofcoverings; reclaimed asphalt pavement; glass; plastics that are not sealed in a
manner that conceals waste; electrical wiring and components containing no
hazardous substances;
and piping or metals incidental to
any ofthose materials.
415
ILCS
5/3.160(a) (2002).
As described above, some ofthe waste material located on the site was from a shed.
The material
from
the shed meets the definition of “construction or demolition debris” for purposes ofSection
2l(p)(7) of the Act,
and therefore Respondent violated that
section.
Respondent argued
at hearing
that
he
received “papers” indicating
that
if he
“made
the
corrections to the property” that “everything
would have been taken care of”
Tr. At
15.
Illinois
EPA presumes Respondent is referring to the Administrative Citation Warning Notice (“ACWN”),
which was entered
as Exhibit 2.
The ACWN clearly states that all
waste
must be
removed to
a
permitted facility by
July
5,
2005.
Exh.
2
at
1-2.
As evidenced by the July 29, 2005
inspection
report, Respondent failed to comply with this portion ofthe required corrective action.
Exh.
1.
In
addition, the ACWN states under the heading, “Potential Sanctions”that “theAgency may, without
further notice and regardless ofany future activities to
achieve compliance, file an Administrative
Citation” and gives the statutory penalties therefore.
Exh.
2 at 3.
It further states that Illinois EPA
will conduct a reinspection to verify compliance.
Id.
Therefore, Respondent was clearlyinformed
of the possibility of enforcement and the compliance measures needed at the site.
3
Respondent also statedthat all ofthe burning took place before he received any papers from
Illinois EPA, implying that he wasnot aware ofthe requirements ofthe Act.
Tr. at 21.
Aperson can
cause
or
allow
a
violation of the Act
without knowledge or intent.
County of Will
v.
Utilities
Unlimited,
Inc.,
et al.
(July 24,
1997), AC 97-41, slip op.
at
5,
citing
People
v.
Fiorini,
143 Ill.2d
318,574 N.E.2d 612 (1991).
Therefore, any lackofknowledge ofthe law on the partofRespondent
is not a defense
to the proven violations.
The Illinois EPA photographs and inspection report and the testimony show that Respondent
allowed open
dumping ofwaste
in
a manner resulting
in
litter,
open burning,
and
deposition of
construction
or demolition debris
in violation of Sections 2l(p)(1),
(p)(3), and
(p)(7) of the 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: August
11, 2005
.
~
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
4
PROOF OF SERVICE
Thereby certify
that
I did
on the
~l~day of August, 2005,
send by U.S.
Mail with postage
thereon fullyprepaid, by depositing in
a United States Post Office Box a trne and correct copy ofthe
following instrument(s) entitled POST-HEARING BRIEF OF
COMPLAINANT
To:
John Groff
P.O.
Box 966
Centralia, IL 62801
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
ichel eM. 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 SUBMTYI’ED ON RECYCLED PAPER
