ILLINOIS POLLUTION CONTROL BOARD
    October 21, 2004
     
    COUNTY OF VERMILION, ILLINOIS,
     
    Complainant,
     
    v.
     
    BILL WERNIGK,
     
    Respondent.
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    AC 05-28
    (County No. 04-02)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
     
    On September 27, 2004, the County of Vermilion timely filed an administrative citation
    against Bill Wernigk.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 101.300(b), 108.202(c).
    The administrative citation concerns Mr. Wernigk’s property at 3585 East 3200 North Road in
    Potomac, Vermilion County. For the reasons below, the Board accepts Mr. Wernigk’s petition to
    contest the administrative citation.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), an administrative
    citation is an expedited enforcement action brought before the Board seeking civil penalties that
    are fixed by statute. Administrative citations may be filed only by the Illinois Environmental
    Protection Agency or, if the Agency has delegated the authority, by a unit of local government,
    and only for limited types of alleged violations at sanitary landfills or unpermitted open dumps.
    See
    415 ILCS 5/3.305, 3.445, 21(o), (p), 31.1(c), 42(b)(4),
    (4-5) (2002); 35 Ill. Adm. Code 108.
     
    In this case, the County of Vermilion (County) alleges that Mr. Wernigk violated
    Sections 21(p)(1) and (7) of the Act (415 ILCS 5/21(p)(1), (7) (2002)) by causing or allowing the
    open dumping of waste resulting in litter and the deposition general and clean construction and
    demolition debris at Mr. Wernigk’s property. The County asks the Board to impose on Mr.
    Wernigk the statutory civil penalty of $3,000 for each alleged violation, each of which is
    allegedly a subsequent violation by Mr. Wernigk, for a total civil penalty of $6,000.
     
    As required, the County served the administrative citation on Mr. Wernigk within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm.
    Code 101.300(c), 108.202(b). On October 7, 2004, Mr. Wernigk timely filed a petition to
    contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code
    101.300(b), 108.204(b). Mr. Wernigk denies the alleged violations and asserts that materials on
    his property are to be used or sold, are in the process of being cleaned up, or were dumped by a
    tenant.
    See
    35 Ill. Adm. Code 108.206. Also within the 35-day appeal period, on October 13,
    2004, Mr. Wernigk’s attorney filed a supplemental pleading explicitly requesting a hearing.
     
    The Board accepts the petition and 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.
     
    2
    See
    415 ILCS 5/31.1(d)(2) (2002); 35 Ill. Adm. Code 108.300. By contesting the administrative
    citation, Mr. Wernigk may have to pay the hearing costs of the Board and the County.
    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 from the Clerk of the Board and on the Board’s Web site at www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 504.
     
    Mr. Wernigk may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Mr. Wernigk chooses to withdraw his petition, he
    must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Mr.
    Wernigk withdraws his petition after the hearing starts, the Board will require Mr. Wernigk to
    pay the hearing costs of the Board and the County.
    See id.
    at 108.500(c).
      
    The County 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 Mr. Wernigk violated Sections 21(p)(1) and (7) of
    the Act, the Board will impose civil penalties on Mr. Wernigk. The civil penalty for violating
    any provision of Section 21(p) is $1,500 for each violation of each such provision, except that
    the civil penalty amount is $3,000 for each violation of any provision of Section 21(p) that is the
    person’s second or subsequent adjudicated violation of that provision.
    See
    415 ILCS 5/42(b)(4-
    5) (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds that Mr. Wernigk “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) (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 October 21, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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