ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    BRADLEY & CAROL CORZINE,
    Respondents.
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    AC 09-22
    (IEPA No. 301-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On October 24, 2008, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Bradley and Carol Corzine (respondents).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns respondents’ Union County property, which consists of 210.53 acres and is legally
    described as SEC 23, T13, R1W, SW, SW, SE, E 1/2 of the NW. The property is commonly
    known to the Agency as the “Dongola/Corzine” site and is designated with Site Code No.
    1818555005. Today, for the reasons below, the Board accepts for hearing the respondents’
    amended petition.
    The Agency alleges that respondents violated Sections 21(p)(1) and (p)(7) of the Act
    (415 ILCS 5/21(p)(1), (p)(7) (2006)) on September 18, 2008, 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 at the Union County site. According to the citation, Shelia
    Williams, a Field Inspector with the Agency, inspected the site on September 18, 2008. The
    Agency asks the Board to impose on respondents the statutory civil penalty of $1,500 for each of
    the two violations, for a total civil penalty of $3,000.
    On November 3, 2008, respondents filed a petition requesting a hearing to dispute the
    administrative citation. On November 20, 2008, the Board issued an order accepting the petition
    as timely filed, but finding the petition deficient because it did not provide grounds for contesting
    the administrative citation.
    See
    35 Ill. Adm. Code 108.204(b), 108.206. The Board directed
    respondents to file an amended petition remedying this deficiency by December 22, 2008, or the
    Board would dismiss the petition and enter a default order against respondents.
    See
    35 Ill. Adm.
    Code 108.404, 108.500(a).
    On December 3, 2008, the Board received an amended petition filed
    pro se
    and signed by
    both respondents. Respondents’ petition denies the alleged violations, “I am not operating a
    dump site and I am unable to understand how the inspector made this conclusion. There has
    never been any trash brought to this area other than my own personal belongings.” Petition at 1.
    See
    35 Ill. Adm. Code 108.206. Respondents also assert “it was my understanding from this
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    letter that if the areas in question were cleaned up that I would not receive any fine”. The Board
    notes that voluntary clean up actions performed by a respondent after a site inspection are
    generally neither a defense to the violations nor relevant to determining the civil penalty amount.
    See
    IEPA v. Jack Wright
    , AC 89-227, slip op. at 7 (Aug. 30, 1990) (“The Act, by its terms, does
    not envision a properly issued administrative citation being dismissed or mitigated because a
    person is cooperative or voluntarily cleans-up the site”).
    The Board accepts the amended petitions for hearing. 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.
    See
    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 Agency.
    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. Respondents may withdraw
    their amended petitions at any time before the Board enters its final decision. If either
    respondent chooses to withdraw his amended petition, he must do so in writing, unless he does
    so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If respondents withdraw their petitions
    after the hearing starts, the Board will require respondents to pay the hearing costs of the Board
    and the Agency.
    See id.
    at 108.500(c).
    The Agency 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 Sections 21(p)(1) and (p)(7) of
    the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)), the Board will impose civil penalties. Because the
    Act specifies the civil penalty for a violation in an administrative citation action, the Board
    cannot consider mitigating or aggravating factors when determining penalty amounts.
    See
    ,
    e.g.
    ,
    IEPA v. Stutsman, AC 05-70, slip op. at 2 (Sept. 21, 2006). The civil penalty for violating
    Section 21(p) 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
    45 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a). However, if the Board finds that a
    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) (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 December 18, 2008, by a vote of 5-0.
    __________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board
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