ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    OLEN G. PARKHILL, JR.,
     
    Respondent.
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    AC 03-34
    (IEPA No. 332-03-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 12, 2003, the Agency timely filed an administrative citation against Olen G.
    Parkhill, Jr. (Parkhill).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). At issue
    is the Agency’s allegation that Parkhill violated Section 21(p)(1), (p)(3), and (p)(7) of the
    Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2002)). The Agency
    further alleges that Parkhill violated these provisions by causing or allowing the open dumping
    of waste in a manner that resulted in litter, open burning, and deposition of general construction
    debris or demolition debris or clean construction or demolition debris at the north side of Tin
    Cup Road, approximately one-quarter mile east of Prairieview Road, Mahomet, Champaign
    County.
     
    As required, the Agency served the administrative citation on Parkhill 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 July 7, 2003, Parkhill timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Parkhill asserts that he
    had only used the property to dispose tree limbs produced on his own property, and that any non-
    approved material on the site was placed there by others and would be removed for disposal in a
    landfill.
    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,
    Parkhill 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.
     
    Parkhill may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Parkhill 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 Parkhill
     
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    withdraws his petition after the hearing starts, the Board will require Parkhill 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 Parkhill violated Section 21(p)(1), (p)(3), and
    (p)(7), the Board will impose civil penalties on Parkhill. 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 Parkhill “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 July 10, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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