ILLINOIS POLLUTION CONTROL BOARD
    May 2, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROECO ENTERPRISES, INC.,
     
    Respondent.
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    AC 02-45
    (IEPA No. 48-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
    On March 18, 2002, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Roeco Enterprises, Inc. (Roeco).
    See
    415 ILCS
    5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Roeco 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) (2000)). The Agency further alleges that Roeco violated these provisions by
    causing or allowing the open dumping of waste in a manner resulting in litter, open burning,
    and the deposition of construction or demolition debris at a facility located in the SW Quarter
    of Section 26, Township 22 North, Range 9 East, Ludlow Township, Champaign County.
     
    As required, the Agency served the administrative citation on Roeco 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 April 22, 2002, Roeco timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
    Roeco alleges it did not cause or allow the alleged violations.
    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,
    Roeco 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 and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill. Adm. Code
    504.
     
    Roeco may withdraw its petition to contest the administrative citation at any time before
    the Board enters its final decision. If Roeco 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 Roeco
    withdraws its petition after the hearing starts, the Board will require Roeco to pay the hearing
    costs of the Board and the Agency.
    See id.
    at 108.500(c).
     
    2
      
    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 Roeco violated Sections (p)(1), (p)(3), and
    (p)(7) of the Act, the Board will impose civil penalties on Roeco. 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) (2000); 35 Ill. Adm. Code 108.500. However, if the Board
    finds that Roeco “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) (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 May 2, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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