ILLINOIS POLLUTION CONTROL BOARD
    August 5, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    EARL and NORMA MARTIN
    (May 24, 2004 inspection),
     
    Respondents.
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    AC 04-90
    (IEPA No. 306-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On June 28, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Earl and Norma Martin (respondents).
    See
    415 ILCS 5/31.1(c)
    (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleged that on May 24, 2004, the
    respondents violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act
    (Act) (415 ILCS 5/21(p)(1), (p)(3), 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) open burning; and (3) deposition of general construction or
    demolition debris or clean construction or demolition debris at County Road 2500 North, Rio
    Township, Knox 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 July 27, 2004, the respondents timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The
    respondents allege that they did not cause or allow the violations, and that the alleged violations
    were the result of uncontrollable circumstances.
    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, the
    respondents may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)(4) 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.
     
    The respondents may withdraw their petition to contest the administrative citation at any
    time before the Board enters its final decision. If the respondents choose to withdraw its his her
    petition, it he she must do so in writing, unless it he she does so orally at hearing.
    See
    35 Ill.
     
    2
    Adm. Code 108.208. If the respondents withdraw their petition 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(o) or Section
    21(p)(x), the Board will impose civil penalties on the respondents. The civil penalty for
    violating Section 21(o) is $500 for each violation 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) 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 August 5, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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