COMPLAINANT'SPOST

HEARING BRIEF

Complaint, the County of Jackson, files its post hearing -

closing brief in the matter .

INTRODUCTION AND PROCEDURAL MATTERS

On March 31, 2006 the Complainant filed an Administrative Citation against David

Skidmore, the Respondent, under Section 31 .1

of the Illinois Environmental Protection Act

415 ILCS 5/1 et. seq .(2004)(the Act) . It is alleged the Respondent violated Section 21(p)(1),

(p)(3), and (p)(7) of the Act . The Respondent timely filed his response to the Citation on April

25, 2006. Hearing Officer, Carol Webb, heard this matter on July 5, 2006 in Murphysboro,

Illinois . On July 6, 2006 she filed her Hearing Report with this Board

.

FACTS

On February 23, 2006, certified solid waste inspector, Don Terry, inspected a site

known herein afterasthe site (Site Code No

. 0778005012)

situated in a rural, unincorporated

part of Jackson County, Illinois . Tr. 9. See Also Complainant Ex . 2 . The inspection was

conducted pursuant to the Jackson County Health Department's delegation agreement with

the Illinois Environmental Protection Agency . Tr. 8-9 . The site, at the time of the inspection,

Page 1 of 4

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

ADMINISTRATIVE CITATION

RECEIVED

CLERK'S OFFICE

COUNTY OF JACKSON,

AUG 0 4 2006

)

Complainant,

)

v.

)

AC 06-32

Pollution

STATE OF

Control

ILLINOISBoard

(Site Code

: 0778005012)

DAVID SKIDMORE,

)

Respondent .

)

---

was owned by the Respondent . Tr. 9 .

At the site Mr Terry observed a waste and burn

pile,

an abandoned mobile home in poor condition,

ash, charred metal, general construction

demolition debris, and lumber

. Tr. 9-10 and Complainant's Ex. 2

. See also Complainant's Ex .

1 (Inspection photos) . He stated he could

see the waste pile and debris with his naked

eye

from the public road adjoining the property . Tr. 10

. He further testified the waste piles looked

as if there had been recent burning . Tr. 9

. The Respondent admitted to the waste piles and

to the burning of building debris . Tr. 14-15 & 25-26

. The Respondent's witness,

Sondra

Skidmore, also admitted to causing some of the

burning. Tr. 28-29

. MrTerry stated the site

did not have the proper permits for storing

waste items . Tr. 13 .

In its case in chief the Respondent provided testimony

and photos that he cleaned the

site ; and itwas much betterthan when he bought it. Tr

. 22-23 . He explained that some of the

dumping and burning he did not cause or allow . Tr. 20

. He also testified that he had placed

no trespassing signs at his property to stop others

from dumping at his site . Tr

. 18-19. He

also stated some of the dumping and burning had

occurred before he bought the site

. Tr.17-

21 .

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 of a sanitary landfill

." 415 ILCS 5/3 .305

(2004). Refuse is defined as "waste" (415 ILCS

5/3 .385 (2004))

. Disposal is defined as "the

discharge, deposit, injection, dumping,

spilling, leaking or placing of any waste . . .

into or on

any land 415 ILCS 5/3.185 (2004))

. Litter is defined

in the Litter Control Act as 'any

discarded, used or unconsumed substance or waste . . .

or anything else of unsightly or

Page 2 of 4

---

unsanitary nature, which has been discarded, abandoned or otherwise disposed of

improperly." 415 ILCS 105/3 (2004)

. Section 3

.535 defines waste as "any garbage . . . or

other discarded material . . .

." Finally, general construction or demolition debris is defined in

Section 3

.160 of the Act (2004) as 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 roof coverings

. . . ."

The evidence presented herein clearly shows Mr

. Skidmore caused or allowed the

deposition of litter, waste, general construction demolition debris and burning at the site

. It

is not contested the Respondent owned and controlled the site at all material times

. Taking

the inspection report, the photos of the site, the inspector's testimony and the Respondent's

and his witness's statements leaves little room for the Respondent to argue a defense to this

charges .

Nevertheless the Respondent argues he has cleaned the site and it looks better than

when he bought it

. However, even if this were true, it would not provide him with a defense

to the administrative citation

. This Board has repeatedly held that clean up efforts are not a

mitigating factor under the administrative citation program

.

City of Chicaqo v . City Wide

Disposal, Inc .,

AC 03-11 (September 4, 2003) .

Additionally the Respondent raises the issue, at least with respect to some of the

debris, that he bought the site with the violations, or others came on to his site without

permission to dump, and he should not be responsible for that debris

. The Board has rejected

Page 3 of 4

---

that argument. IEPA v . Coleman,

AC-04-46 (November4, 2004) ; IEPA v . Cadwallader, AC-

03-13 (May 20, 2004) . The record shows in this instance that other than putting up a 'No

Trespassing' sign at the site, little else was done by the Respondent to prevent others from

dumping at the site

. More importantly, and despite his argument, the Respondent admitted

to causing some of the dumping and burning of debris on his site .

CONCLUSION

Therefore, based on the record, the findings of the Hearing Officer and the arguments

presented above, Complainant requests this Board to find

that the Respondent violated

Section 21(p)(1), (p)(3), and (p)(7)

of the Act on February 23, 2006 and impose a fine of

$4,500

.00 ($1,500 .00 for each violation) .

Page 4 of 4

Respectfully submitted,

r C,

Daniel Brenner

Assistant State's Attorney

Jackson County Courthouse, Third Floor

Murphysboro, Illinois 62966

618-687-7200

For the Complainant

---

PROOF OF SERVICE

I hereby certify that I did on the 1 s`

day of August, 2006, send by U .S . Mail, with postage

thereon fully prepaid, by depositing in U .S

. Post Office Box a true and correct copy of the

following instrument(s) entitled COMPLAINANT'S POST HEARING

BRIEF .

To:

Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, IL 62794-9274

To:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R . Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

David Skidmore

1 Mineral Springs Dr

.

Ava, IL 62907

and the original and nine (9) true and correct copies of the same foregoing

instruments on the

same date by U .S

. Mail with postage thereon fully prepaid .

Da

si

C ~C ~L.~

Assistant State's Attorney

Jackson County Courthouse, Third Fl .

Murphysboro, IL 62966

618-687-7200