ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2007
    COUNTY OF LASALLE,
    Complainant,
    v.
    WAYNE and BECKY FOSTER,
    Respondents.
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    AC 07-45
    (Administrative Citation)
    ORDER OF THE BOARD (by N.J. Melas):
    On February 26, 2007, the County of LaSalle (County) timely filed an administrative
    citation against Wayne and Becky Foster (the Fosters).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill.
    Adm. Code 108.202(c). The administrative citation concerns a facility located in Farm Ridge
    Township, LaSalle County. The facility is designated with Site Code No. 0998110001. For the
    reasons below, the Board accepts the Fosters’ petition to contest the administrative citation.
    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), 31.3(c) 42(b)(4), (4-5) (2004); 35 Ill.
    Adm. Code 108.
    In this case, the County alleges that the Fosters violated Section 21(p)(1) of the Act (415
    ILCS 5/21(p)(1) (2004)) by causing or allowing the open dumping of waste resulting in litter.
    The County asks the Board to impose on the Fosters the statutory civil penalty of $1,500 for the
    alleged violation.
    As required, the County served the administrative citation on the Fosters within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm. Code
    108.202(b). On March 16, 2007, the Fosters timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). The Fosters allege that
    they do not now operate and never have operated a landfill and do not accumulate litter, garbage,
    debris, or junk.
    See
    35 Ill. Adm. Code 108.206.
    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.
    35 Ill. Adm. Code 108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2004). By contesting the
    administrative citation, the Fosters may have to pay the hearing costs of the Board and the
    County.
    See
    415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500. A schedule of the
    2
    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. 35 Ill. Adm. Code 504.
    The Fosters may withdraw the petition to contest the administrative citation at any time
    before the Board enters its final decision. If the Fosters choose to withdraw the petition, they
    must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If the
    Fosters withdraw the petition after the hearing starts, the Board will require the Fosters to pay the
    hearing costs of the Board and the County.
    See id.
    at 108.500(c).
    The County has the burden of proof at hearing. 415 ILCS 5/31.1(d)(2) (2004); 35 Ill.
    Adm. Code 108.400. If the Board finds that the Fosters violated Section 21(p)(1), the Board will
    impose civil penalties on the Fosters. The civil penalty for violating any provision of subsection
    (p) of Section 21 is $1,500 for each violation, except that the penalty amount is $3,000 for each
    violation that is the person’s second or subsequent adjudicated violation of that provision. 415
    ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500. However, if the Board finds that the
    Fosters have “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).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 19, 2007, by a vote of 3-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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