ILLINOIS POLLUTION CONTROL BOARD
October 7, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
Respondent.
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AC 05-18
(IEPA No. 409-04-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On August 26, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
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As required, the Agency served the administrative citation on William Shrum 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 September 29, 2004, William Shrum timely filed a petition to contest the
administrative citation.
See
415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). William
Shrum denies the allegations in the administrative citation.
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
esting the administrative citation,
William Shrum 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.
William Shrum may withdraw his petition to contest the administrative citation at any
time before the Board enters its final decision. If William Shrum 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 William Shrum withdraws his petition after the hearing starts, the Board will require
William Shrum to pay the hearing costs of the Board and the Agency.
See id.
at 108.500(c).
2
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 William Shrum violated (p)(1) and (p)(7), the Board
will impose civil penalties on William Shrum. 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 William Shrum “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 7, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
