ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2007
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    MARK GATES,
    Respondent.
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    AC 06-50
    (IEPA No. 98-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
    On June 2, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Marla Lewis Gates, Mark Gates, and Mark Kingsley Lewis.
    See
    415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns
    a property commonly known to the Agency as “Lincoln/Lewis” and designated with Site Code
    No. 1078075001.
    The Board dismissed the citation as to respondents Marla Lewis Gates and Mark
    Kingsley Lewis by order of October 19, 2006.
    See
    IEPA v. Gates, AC 06-50 (Oct. 19, 2006).
    The administrative citation alleges that Mark Gates, as the sole remaining respondent, violated
    Sections 21(p)(1) and (7) of the Act. 415 ILCS 5/21(p)(1) and (7) (2006). According to the
    Agency, Mark Gates violated these provisions of the Act by causing or allowing the open
    dumping of waste, resulting in litter and the deposition of construction or demolition debris at a
    site located in part of the west 1/2 of the southwest 1/4 of Section 8 in Township 21 North and
    Range 2 West of the 3rd Principal Meridian in Logan County.
    On May 29, 2007, respondent Mark Gates filed an amended petition for review of the
    administrative citation, consistent with various Board orders.
    See
    IEPA v. Gates, AC 06-50
    (Aug. 4, 2006), (Dec. 21, 2006), and (Mar. 15, 2007). As the amended petition states the basis
    for the appeal, as ordered, the Board accepts the petition 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, respondent
    may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS 5/42(b)(4-5)
    (2004); 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.
    Mark Gates may withdraw the petition to contest the administrative citation at any time
    before the Board enters its final decision. If Mark Gates chooses to withdraw the petition, he
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    must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    Mark Gates withdraws the petition after the hearing starts, the Board will require respondent 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 respondent has violated Section 21(p)(1) or (p)(7),
    the Board will impose civil penalties on respondent. 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 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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 21, 2007, by a vote of 4-0.
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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