ILLINOIS POLLUTION CONTROL BOARD
    June 18, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    GORDON INVESTMENT GROUP, LLC,
    Respondent.
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    AC 09-44
    (IEPA No. 80-90-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (G.T. Girard):
    On May 11, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Gordon Investment Group, LLC (Gordon).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns Gordon’s mobile home park located at 601 E. Osborn Street in Bushnell, McDonough
    County. The property is commonly known to the Agency as “Country Gardens Mobile Home
    Park” and is designated with Site Code No. 1090155029. For the reasons below, the Board
    accepts Gordon’s 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 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 on March 26, 2009, Gordon violated Sections
    21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) at the property
    by causing or allowing the open dumping of waste in a manner resulting in litter, open burning,
    and the deposition of general or clean construction or demolition debris. The Agency asks the
    Board to impose a $4,500 civil penalty on Gordon.
    As required, the Agency served the administrative citation on Gordon 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 June 16,
    2009. Gordon timely filed a petition (Pet.) with the Board on June 12, 2009.
    See
    415 ILCS
    5/31.1(d) (2006); 35 Ill. Adm. Code 101.300(b)(2), 108.204(b). Among other things, the petition
    denies that Gordon was operating an open dump site and asserts that Gordon was “salvaging the
    mobile homes as they were being torn down” and that “[t]he grounds were being continually
    cleaned as materials were disposed of at a local legal dump site.” Pet. at 1-2;
    see
    35 Ill. Adm.
    Code 108.206. 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.
    See
    35 Ill. Adm. Code
    108.300; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative citation, Gordon 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.
    Gordon may withdraw its petition to contest the administrative citation at any time before
    the Board enters its final decision. If Gordon chooses to withdraw its petition, it must do so in
    writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Gordon withdraws
    its petition after the hearing starts, the Board will require Gordon 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 Gordon violated Section 21(p)(1), (p)(3), or (p)(7)
    of the Act, the Board will impose civil penalties on Gordon. 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 Gordon 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 June 18, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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