ILLINOIS POLLUTION CONTROL BOARD
    August 6, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    GARY J. and JAMES R. SZCZEBLEWSKI,
    Respondents.
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    AC 09-56
    (IEPA No. 136-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 29, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Gary J. and James R. Szczeblewski (respondents).
    See
    415 ILCS
    5/31.1(c) (2008); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns the respondents’ disposal site located at 402 East Yung Road, Sesser, Franklin County.
    The property is commonly known to the Agency as the “Sesser/Szczeblewski, Gary J. and James
    R. Property” site and is designated with Site Code No. 0550455034. For the reasons below, the
    Board accepts the respondents’ petition to contest the administrative citation.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2008)), 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) (2008); 35 Ill. Adm. Code 108.
    In this case, the Agency alleges that on June 11, 2009, the respondents violated Section
    21(p)(1) and (7) of the Act (415 ILCS 5/21(p)(1) and (7) (2008)) by causing or allowing the open
    dumping of waste in a manner resulting in litter and deposition of demolition debris at the
    respondents’ Franklin County site. The Agency asks the Board to impose the statutory $3,000
    civil penalty on the respondents.
    As required, the Agency served the administrative citation on the respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2008);
    see also
    35 Ill. Adm.
    Code 101.300(c), 108.202(b). Any petition to contest the administrative citation was due by
    August 3, 2009. On August 3, 2009, the respondent timely filed a petition.
    See
    415 ILCS
    5/31.1(d) (2008); 35 Ill. Adm. Code 101.300(b), 108.204(b). The respondents allege that they
    did not cause or allow the open dumping of waste at the site, and that the purported violations
    occurred as a result of uncontrollable circumstances.
    See
    35 Ill. Adm. Code 108.206.
    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) (2008). By contesting the administrative
    citation, the respondents may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS 5/42 (4-5) (2008); 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.
    The respondents may withdraw their petition to contest the administrative citation at any
    time before the Board enters its final decision. If the respondents 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 respondents withdraw their petition after the hearing starts, the Board will
    require the respondents 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) (2008); 35 Ill.
    Adm. Code 108.400. If the Board finds that the respondents violated Sections 21(p)(1) and (7)
    of the Act, the Board will impose civil penalties on the respondents. 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. However, if the Board finds that the respondents 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) (2008);
    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 August 6, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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