ILLINOIS POLLUTION CONTROL BOARD
February 5, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TROY WILLIAMSON and SWORDS
VENEER AND LUMBER COMPANY,
Respondent.
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AC 04-34
(IEPA No. 723-03-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On January 2, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Troy Williamson and Swords Veneer and Lumber Company
(respondents).
See
415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
alleges that the respondents violated Section 21(p)(1), (p)(4), and (p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (p)(4), and (p)(7) (2002)). The Agency further alleges that
the respondents violated these provisions by causing or allowing the open dumping of waste in a
manner that resulted in (1) litter; (2) deposition of waste in standing or flowing waters; and (3)
deposition of general or clean construction or demolition debris at the intersection of Schafer
Creek and County Road 1900 North (Schroeder Road), near Coal Valley, in Henry County.
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) (2002);
see also
35 Ill. Adm.
Code 108.202(b). On January 26, 2004, respondent Troy Williamson timely filed a petition to
contest the administrative citation. On January 29, 2004, respondent Swords Veneer and Lumber
Company timely filed a petition to contest the administrative citation.
See
415 ILCS 5/31.1(d)
(2002); 35 Ill. Adm. Code 108.204(b). Respondent
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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, the
respondents 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.
2
The respondents may withdraw their respective petitions to contest the administrative
citation at any time before the Board enters its final decision. If the respondents chooses to
withdraw its 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 petitions 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) (2002); 35 Ill.
Adm. Code 108.400. If the Board finds that the respondents violated Section 21(p)(1), (p)(4),
and (p)(7), the Board will impose civil penalties on the respondents. 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 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) (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 5, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
