ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2007
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
    Complainant,
    v.
    1601-1759 EAST 130th STREET, L.L.C.,
    Respondent.
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    AC 07-25
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 21, 2006, the City of Chicago Department of Environment (CDOE) timely
    filed an administrative citation against 1601-1759 East 130th Street, L.L.C. (respondent).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative
    citation concerns respondent’s site located at 1601 E. 130th Street in Chicago, Cook County. For
    the reasons below, the Board accepts respondent’s petition to contest the administrative citation
    and reserves ruling on respondent’s motion to consolidate this proceeding with another pending
    administrative citation action involving the same parties, AC 06-41.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), 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 Illinois Environmental
    Protection Agency (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) (2004); 35 Ill.
    Adm. Code 108.
    In this case, CDOE alleges that respondent violated Sections 21(p)(1) and (p)(7)(i) of the
    Act (415 ILCS 5/21(p)(1), (p)(7)(i) (2004)) by causing or allowing the open dumping of waste in
    a manner resulting in, respectively, litter and the deposition of general construction and
    demolition debris at respondent’s site. CDOE asks the Board to impose on respondent the
    statutory civil penalty of $1,500 for each of the two alleged violations, for a total civil penalty of
    $3,000.
    As required, CDOE served the administrative citation on respondent within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm. Code
    101.300(c), 108.202(b). On December 21, 2006, respondent timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 101.300(b),
    108.204(b). Respondent asserts, among other things, that it did not cause or allow the violations
    alleged and that the alleged violations resulted from uncontrollable circumstances.
    See
    35 Ill.
    Adm. Code 108.206.
    2
    The Board accepts the petition and directs the hearing officer to proceed expeditiously to
    hearing. The hearing officer will give the parties at least 21 days written notice of the hearing.
    See
    35 Ill. Adm. Code 108.300; 415 ILCS 5/31.1(d)(2) (2004). By contesting the administrative
    citation, respondent may have to pay the hearing costs of the Board and CDOE.
    See
    415 ILCS
    5/42(b)(4-5) (2004); 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 504.
    Respondent may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondent chooses to withdraw its petition, it must
    do so in writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    respondent withdraws its petition after the hearing starts, the Board will require respondent to
    pay the hearing costs of the Board and CDOE.
    See id.
    at 108.500(c).
    CDOE has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2) (2004); 35 Ill.
    Adm. Code 108.400. If the Board finds that respondent violated Sections 21(p)(1) and (p)(7)(i)
    of the Act, the Board will impose civil penalties on respondent. The civil penalty for violating
    any provision of Section 21(p) is $1,500 for each violation of each such provision, except that
    the civil penalty amount is $3,000 for each violation of any provision of Section 21(p) that is the
    person’s second or subsequent adjudicated violation of that provision.
    See
    415 ILCS 5/42(b)(4-
    5) (2004); 35 Ill. Adm. Code 108.500. However, if the Board finds that respondent “has shown
    that the violation resulted from uncontrollable circumstances, the Board shall adopt a final order
    which makes no finding of violation and which imposes no penalty.” 415 ILCS 5/31.1(d)(2)
    (2004);
    see also
    35 Ill. Adm. Code 108.500(b).
    Lastly, respondent on December 21, 2006, filed a motion to consolidate this action with
    another pending administrative citation proceeding involving the same parties, AC 06-41. To
    allow time for receipt of any response from CDOE, the Board reserves ruling on respondent’s
    motion.
    See
    35 Ill. Adm. Code 101.300, 101.500.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 4, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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