ILLINOIS POLLUTION CONTROL BOARD
    March 7, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LISA LEWEY-SHIELDS and PAUL
    SHIELDS,
     
    Respondents.
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    AC 02-33
    (IEPA No. 533-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
    On January 18, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Lisa Lewey-Shields and Paul Shields (respondents).
    See
    415
    ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that respondents
    violated Sections 21(p)(1) and 21(p)(7) of the Environmental Protection Act (415 ILCS
    5/21(p)(1) and 21(p)(7) (2000)). The Agency further alleges that respondents violated these
    provisions by operating an unpermitted open dump at 402 East Congress Street, Rantoul,
    Champaign County.
     
    As required, the Agency served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    see also
    35 Ill. Adm.
    Code 108.202(b). On February 22, 2002, respondents timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
    Respondents allege that Lisa Lewey-Shields was never involved in any demolition or removal of
    waste on the property at issue. They also allege that she is the owner of the property because she
    inherited it from her parents. Respondents claim that Paul Shields, Lisa Lewey-Shields’ ex
    brother-in-law, is not the owner of the property even though he assisted in demolition and
    disposal of debris on the property.
    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) (2000). By contesting the administrative citation,
    respondents may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)(4-5) (2000); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs is
    available at the Board’s offices. 35 Ill. Adm. Code 504.
     
    Respondents may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If 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
     
    2
    respondents withdraw their petition after the hearing starts, the Board will require 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) (2000); 35 Ill.
    Adm. Code 108.400. If the Board finds that respondents violated Section 21(p)(1) or 21(p)(7) of
    the Act, the Board will impose civil penalties on respondents. The civil penalty for violating
    Section 21(p) of the Act is $1,500 for a first offense and $3,000 for a second or subsequent
    offense. 415 ILCS 5/42(b)(4-5) (2000); 35 Ill. Adm. Code 108.500. However, if the Board finds
    that 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) (2000);
    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 March 7, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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