ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
    COUNTY OF JACKSON,
    Complainant,
    v.
    DAN KIMMEL,
    Respondent.
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    AC 06-21
    (Jackson County No. 0778035009)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
    On January 30, 2006, the County of Jackson timely filed an administrative citation
    against Dan Kimmel.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). Jackson
    County alleges that Kimmel violated Sections 21(p)(1) and 21(p)(7) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1), 21(p)(7) (2004)). Jackson County further alleges that
    Kimmel violated these provisions on December 7, 2005, by causing or allowing the open
    dumping of waste resulting in litter and in the deposition of general construction or demolition
    debris or clean construction or demolition debris at 1065 Dumaroc Road, DeSoto, Jackson
    County.
    As required, Jackson County served the administrative citation on Kimmel on January 24,
    2006, 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 February 2, 2006, Kimmel timely filed with the Board a
    letter the Board has construed as a petition to contest the administrative citation.
    See
    415 ILCS
    5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). In an order dated February 16, 2006, the Board
    accepted Kimmel’s petition as timely filed pursuant to 35 Ill. Adm. Code 108.204(b) (setting 35-
    day deadline for filing).
    However, the Board found that the petition did not satisfy the content requirements of the
    Board’s procedural rules because it did not include any reason why Kimmel believes the citation
    was improperly issued.
    See
    35 Ill. Adm. Code 108.206. Accordingly, the Board directed
    Kimmel to file within 30 days an amended petition specifying the reason or reasons why he
    believes the citation was improperly issued. The Board’s order stated that, if he did not file an
    amended petition within that deadline, his petition would be dismissed.
    On March 10, 2006, Kimmel filed an amended petition (Am. Pet.). While Kimmel
    admits present ownership of a facility, Kimmel denies the county’s allegation that “[t]he facility
    is an open dump, operating without an Illinois Environmental Protection Agency Operating
    Permit.” Am. Pet. at 1. Kimmel further denies that he “has owned, occupied, controlled and/or
    operated the facility at all times relevant thereto.”
    Id
    . Finally, Kimmel claims insufficient
    information to admit or deny allegations relating to an inspection of the facility and “demands
    straight proof thereof.”
    Id
    . 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;
    see also
    415 ILCS 5/31.1(d)(2) (2004). By contesting the administrative citation,
    Kimmel may have to pay the hearing costs of the Board and Jackson County.
    See
    415 ILCS
    5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500, 108.502, 108.504. A schedule of the Board’s
    hearing costs is available at the Board’s offices and on the Board’s Web site at
    www.ipcb.state.il.us. 35 Ill. Adm. Code 108.504.
    Kimmel may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Kimmel chooses to withdraw its petition, he must
    do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Kimmel
    withdraws its petition after the hearing starts, the Board will require Kimmel to pay the hearing
    costs of the Board and Jackson County.
    See
    35 Ill. Adm. Code 108.500(c).
    Jackson County has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2) (2004);
    35 Ill. Adm. Code 108.400. If the Board finds that Kimmel violated Sections 21(p)(1) and
    21(p)(7) of the Act (415 ILCS 5/21(p)(1), 21(p)(7) (2004)), the Board will impose civil penalties
    on Kimmel. The civil penalty for violating any provision of Section 21(p) is $1,500 for each
    violation of each such provision for a first offense and $3,000 for each violation of each such
    provision that is a second or subsequent offense. 415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm.
    Code 108.500. However, if the Board finds that Kimmel “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) (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 March 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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