ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2008
    COUNTY OF JACKSON,
    Complainant,
    v.
    JACK REEVES and CAROLINE WATKINS,
    Respondents.
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    AC 08-21
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 3, 2008, the County of Jackson (County) timely filed an administrative citation
    against Jack Reeves and Caroline Watkins (respondents.)
    See
    415 ILCS 5/31.1(c) (2006); 35 Ill.
    Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a property located at
    latitude 7.68301 and longitude –89.38516 in Jackson County. The property is commonly known
    to the Illinois Environmental Protection Agency (Agency) as the “Pomona/Jack Reeves” site and
    is designated with Site Code No. 0778125019. For the reasons below, the Board accepts
    respondents’ petition to contest the administrative citation.
    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 Jack Reeves owns and Caroline Watkins operates the
    Jackson County property. The County further alleges that on January 4, 2008, respondents
    violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) at the
    property by causing or allowing the open dumping of waste in a manner resulting in litter and the
    deposition of general or clean construction or demolition debris. The County asks the Board to
    impose a $3,000 civil penalty on respondents.
    As required, the County served the administrative citation 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). Any petition to contest the administrative citation was due by April 1, 2008. On
    March 24, 2008, respondents timely filed a petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code 101.300(b), 108.204(b). Respondents allege that
    they are not running a dump site, that all of the materials at the property belong to respondents
    and their families, and that cleanup efforts are ongoing.
    See
    35 Ill. Adm. Code 108.206. The
    Board accepts the petition for hearing.
    2
    The Board 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; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative citation, respondents
    may have to pay the 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. 35 Ill. Adm. Code
    108.504.
    Respondents may withdraw their petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondents choose to withdraw their petition, they
    must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    respondents withdraw their petition after the hearing starts, the Board will require respondents 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.
    See
    415 ILCS 5/31.1(d)(2) (2006); 35 Ill.
    Adm. Code 108.400. If the Board finds that respondents violated Section 21(p) of the Act, the
    Board will impose civil penalties on respondents. 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.
    See
    415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a). However, if the
    Board finds that respondents 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) (2006);
    see also
    35 Ill. Adm. Code 108.500(b).
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on April 3, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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