ILLINOIS POLLUTION CONTROL BOARD
May 16, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GERALD GOINES,
Respondent.
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AC 02-51
(IEPA No. 94-02-AC)
(Administrative Citation)
ORDER OF THE BOARD (by N.J. Melas):
On April 2, 2002, the Environmental Protection Agency (Agency) timely filed an
administrative citation against Gerald Goines.
See
415 ILCS 5/31.1(c) (2000); 35 Ill. Adm.
Code 108.202(c). The Agency alleges that Goines violated Sections 21(p)(1), 21(p)(3), and
21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), 21(p)(3), and 21(p)(7)
(2000)). The Agency further alleges that Goines violated these provisions by allowing open
dumping resulting in litter, open burning, and the deposition of construction or demolition
debris at 780 Crescent Loop, Vienna, Johnson County.
As required, the Agency served the administrative citation on Goines 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 May 6, 2002, Goines timely filed a petition to contest the administrative
citation.
See
415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b); 35 Ill. Adm. Code
101.300(b)(2). Goines alleges that he 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) (2000). By contesting the administrative citation,
Goines may have to pay the hearing costs of the Board and the Agency.
See
415 ILCS
5/42(b)(4-5) (2000); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs is
available at the Board’s offices. 35 Ill. Adm. Code 504.
Goines may withdraw its petition to contest the administrative citation at any time
before the Board enters its final decision. If Goines chooses to withdraw its petition, he must
do so in writing, unless he does so orally at hearing.
See
35 Ill. Adm. Code 108.208. If
Goines withdraws his petition after the hearing starts, the Board will require Goines 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) (2000); 35
Ill. Adm. Code 108.400. If the Board finds that Goines violated Section 21(p)(1), 21(p)(3), or
21(p)(7), the Board will impose civil penalties on Goines. 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) (2000); 35 Ill. Adm. Code 108.500. However, if the Board finds that
Goines “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) (2000);
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 16, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board