ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2008
    COUNTY OF JACKSON,
    Complainant,
    v.
    LESTER JOHNSON and
    ARTHUR CROSS,
    Respondents.
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    AC 09-4
    (Site Code: 0778145021)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 16, 2008, the County of Jackson (County) timely filed an administrative citation
    against Lester Johnson and Arthur Cross (collectively respondents).
    See
    415 ILCS 5/31.1(c)
    (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a
    facility located in Jackson County, designated with Site Code No. 0778145021, and commonly
    known to the Illinois Environmental Protection Agency (Agency) as “Murphysboro/Lester
    Johnson” site. For the reasons below, the Board accepts as timely filed respondents’ petition to
    contest the administrative citation, but directs the respondents to file an amended petition to cure
    the deficiencies identified below or face dismissal of the appeal.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), an administrative
    citation is an expedited enforcement action brought before the Board seeking civil penalties that
    are fixed by statute. Administrative citations may be filed only by the Agency or, if the Agency
    has delegated the authority, by a unit of local government, and only for limited types of alleged
    violations at sanitary landfills or unpermitted open dumps.
    See
    415 ILCS 5/3.305, 3.445, 21(o),
    (p), 31.1(c), 42(b)(4), (4-5) (2006); 35 Ill. Adm. Code 108.
    In this case, the County alleges that respondents violated Sections 21(p)(1), (p)(3), (p)(4)
    and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4), (p)(7) (2006)) on June 5, 2008, by
    causing or allowing litter, open burning, the deposition of waste in standing or flowing waters,
    and the deposition of general or clean construction or demolition debris at the Jackson County
    facility. The County asks the Board to impose a $6,000 civil penalty on the respondents for the
    alleged violations.
    As required, the County served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);
    see also
    35 Ill. Adm.
    Code 101.300(c), 108.202(b). Specifically, the County submitted proof that both respondents
    had received personal service of the administrative citation on July 10, 2008. Any petition to
    contest the administrative citation was due within 35 days after the date of service,
    i.e.,
    by
    August 14, 2008.
    See
    415 ILCS 5/31.1(d)(1) (2006); 35 Ill. Adm. Code 108.204(b).
    2
    Respondents filed a request for hearing with the Board on August 4, 2008. The Board
    accordingly accepts respondents’ petition as timely filed.
    The Board finds, however, that the respondents’ petition reflects deficiencies that must be
    remedied before this case can go forward. Specifically, the petition provides no grounds for
    contesting the administrative citation. The Board’s content regulations require that a petition
    must set forth the reasons why the respondent believes the citation was improperly issued.
    See
    35 Ill. Adm. Code 108.206.
    The Board therefore directs the respondents to file an amended petition stating the
    grounds on which they contest the administrative citation.
    See, e.g.,
    County of Jackson v. Dan
    Kimmel, AC 06-21 (Feb. 16, 2006) (accepting as timely filed a petition that failed to include
    grounds for appeal but requiring an amended petition to cure the deficiency). If the respondents
    fail to file an amended petition by September 8, 2008
    ,
    which is the first business day following
    the 30th day after the date of this order, respondents’ petition will be dismissed and a default
    order will be entered against them, imposing the $6,000 civil penalty.
    See
    IEPA v. Ray Logsdon
    Estate, AC 05-54 (Apr. 21, 2005) (finding respondent defaulted by not filing amended petition as
    directed to cure deficiency in original petition).
    If the respondents file an amended petition pursuant to this order and do not prevail on
    the merits of the case, respondents will have to pay not only the $6,000 civil penalty but also any
    hearing costs of the Board and the County.
    See
    415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm.
    Code 108.500. A schedule of the Board's hearing costs is available from the Clerk of the Board
    and on the Board’s Web site at www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 108.504.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 7, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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