ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DONALD EICHEN,
     
    Respondent.
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    AC 05-44
    (IEPA No. 587-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On December 15, 2004, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Donald Eichen.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that on November 1, 2004, Donald Eichen violated
    Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)). The
    Agency further alleges that Donald Eichen violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in litter west of the abandoned railroad tracks,
    north of the east end of Breckenridge Street, in Carlinville, Macoupin County.
     
    As required, the Agency served the administrative citation on Donald Eichen within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm.
    Code 108.202(b). On January 21, 2005, Donald Eichen timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Because
    the postmark date of the petition is within the time for filing, the petition was timely filed. 35 Ill.
    Adm. Code 101.300(b)(2). Donald Eichen alleges that some of the materials on the site were
    intended for future use, that he was not informed in advance of any inspections, and he has
    worked diligently to remove materials from the site.
    See
    35 Ill. Adm. Code 108.206. 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. 35 Ill. Adm. Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2002). By contesting the administrative citation,
    Donald Eichen may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500. 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 504.
     
    Donald Eichen may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If Donald Eichen chooses to withdraw his
    petition, he must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code
     
    2
    108.208. If Donald Eichen withdraws his petition after the hearing starts, the Board will require
    Donald Eichen 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) (2002); 35 Ill.
    Adm. Code 108.400. If the Board finds that Donald Eichen violated Section 21(p)(1), the Board
    will impose civil penalties on Donald Eichen. The civil penalty for violating Section 21(p) is
    $1,500 for a first offense and $3,000 for a second or subsequent offense. 415 ILCS 5/42(b)(4-5)
    (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds that Donald Eichen “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)
    (2002);
    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 February 3, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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