ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    THEODORE AND SALLY JACKSON,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 09-28
    (IEPA No. 322-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.L. Blakenship):
    On December 12, 2008, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Theodore and Sally Jackson.
    See
    415 ILCS 5/31.1(c) (2006); 35
    Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns the Jacksons’
    property located 1203 S. 10th Street, Havana, Mason County. The property is commonly known
    to the Illinois Environmental Protection Agency as Havana/Jackson 2. For the reasons below,
    the Board accepts the Jacksons’ 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 Illinois Environmental
    Protection 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 Theodore and Sally Jackson violated Sections
    21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) by allowing the open
    dumping of waste in a manner resulting in litter, and allowing the open dumping of waste in a
    manner resulting in the deposition of general or clean construction or demolition debris at the
    Jacksons’ Mason County site. The Agency asks the Board to impose a $3,000.00 civil penalty
    on Theodore and Sally Jackson.
    As required, the Agency served the administrative citation on Theodore and Sally
    Jackson 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 January 14, 2008. On January 14, 2008, the Jacksons 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). Mr. and Mrs. Jackson proffer that some or all of the alleged violations
    occurred as a result of uncontrollable circumstances.
    See
    35 Ill. Adm. Code 108.206(d).
    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) (2006). By contesting the administrative
    citation, Theodore and Sally Jackson may have to pay the hearing costs of the Board and the
    Agency.
    See
    415 ILCS 5/42(b)(4) (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.
    Theodore and Sally Jackson may withdraw their petition to contest the administrative
    citation at any time before the Board enters its final decision. If the Jacksons 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 the Jacksons withdraw their petition after the hearing starts, the Board will
    require them 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 Theodore and Sally Jackson violated Sections
    21(p)(1) and 21(p)(7), the Board will impose civil penalties on them. 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) (2006); 35 Ill. Adm. Code
    108.500(a). However, if the Board finds that Mr. and Mrs. Jackson “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 January 22, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top