ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    BRADNEY LUCKHART,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
    AC 02-18
    (IEPA No. 431-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
    On October 22, 2001, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Bradney Luckhart (Luckhart).
    1
      
    See
    415 ILCS 5/31.1(c)
    (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Luckhart violated Sections
    21(p)(1), 21(p)(3), and 21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
    (p)(3), and (p)(7) (2000)). The Agency further alleges that Luckhart violated these provisions by
    causing or allowing open dumping of waste in a manner resulting in litter, open burning, and
    deposition of construction or demolition debris at a facility adjacent to Kickapoo Creek in West
    Lincoln Township, Logan County.
     
    As required, the Agency served the AC on Luckhart 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
    November 27, 2001, Luckhart timely filed a petition to contest the administrative citation.
    See
     
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
     
    On November 27, 2001, Luckhart filed a petition for review with the Board. Pursuant to
    35 Ill. Adm. Code 108.206, a petition for review “must include any reasons why the AC
    Recipient believes the AC was improperly issued.” Such reasons may include: 1) the AC
    recipient does not own the property; 2) the AC recipient did not cause or allow the alleged
    violations; 3) the AC was not timely filed or properly served; or 4) the alleged violation was the
    result of uncontrollable circumstances. In the present case, Luckhart’s petition for review does
    not state any reasons why he believes the AC was improperly issued.
     
    The Board grants Luckhart 30 days from the date of this order to file an amended petition
    for review that includes one or more reasons that he believes the AC was improperly issued. If
    Luckhart does not file an amended petition for review by January 5, 2002, the Board will issue a
    default order.
     
    1
    Paragraph 1 of the Administrative Citation states that Brad Krstic is the owner of the property
    in question. The Board notes that this is a typographical error. The caption is correct and
    Bradney Luckhart was served.
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 6, 2001 by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top