ILLINOIS POLLUTION CONTROL BOARD
May 20, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
FLORENCE PROPHETER and PROPHETER
CONSTRUCTION CO.,
Respondents.
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AC 04-61
(IEPA No. 125-04-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On April 6, 2004, the Agency timely filed an administrative citation against Florence
Propheter and Propheter Construction Co. (the 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 construction or demolition
debris or clean construction or demolition debris at a property in Hopkins Township, Whiteside
County, that is bounded on the north and west by West Lincoln Highway (Illinois Route 2), on
the south by the Chicago and Northwestern Railroad tracks, and on the east by a residential
property at 4509 West Lincoln Highway.
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 May 10, 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 alleged 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)(4-5) (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 petition to contest the administrative citation at any
time before the Board enters its final decision. If the 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 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(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 May 20, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
