ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    QUINN and GLENNA HUNLEY,
    Respondents.
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    AC 09-24
    (IEPA No. 317-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 24, 2008, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Quinn and Glenna Hunley (respondents).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns respondents’ business property located at 2136 North Illinois Route 130, in rural West
    Salem, Edwards County, commonly known to the Agency as West Salem/Hunley, Quinn &
    Glenna. For the reasons below, the Board accepts respondents’ petition to contest the
    administrative citation as timely filed; however the Board directs respondents to file an amended
    petition by February 9, 2009.
    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 Agency alleges that respondents’ violated Section 21(p)(1) of the Act
    (415 ILCS 5/21(p)(1 (2006)) by causing or allowing the open dumping of waste in a manner
    resulting in litter at respondents’ Edwards County site. The Agency asks the Board to impose a
    $1,500 civil penalty on respondents.
    As required, the Agency 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). Any petition to contest the administrative citation was due by
    December 26, 2008. On December 22, 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). However, respondents merely deny the allegations without setting forth any reason
    why the respondents believe the administrative citation was improperly issued.
    See
    35 Ill. Adm.
    Code 108.206. Therefore the Board directs the respondents to file an amended petition detailing
    the reasons why respondents believe the administrative citation was improperly issued. If an
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    amended petition is not filed by February 9, 2009, the Board will dismiss the petition and enter
    an order finding respondents violated the Act as alleged in the administrative citation.
    The Board notes that 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.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on January 8, 2008, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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