ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    SHARYN FULLER and CARL BENEDICT
    d/b/a Benedict Auto Sales,
     
    Respondents.
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    AC 03-32
    (IEPA No. 250-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 2, 2003, the Illinois Environmental Protection Agency (the Agency) timely filed
    an administrative citation against Sharyn Fuller and Carl Benedict.
    See
    415 ILCS 5/31.1(c)
    (2002); 35 Ill. Adm. Code 108.202(c). At issue is the Agency’s allegation that Sharyn Fuller and
    Carl Benedict violated Section 21(p)(1) of the Environmental Protection Act. 415 ILCS
    5/21(p)(1) (2002). The Agency further alleges that Sharyn Fuller and Carl Benedict violated this
    provision by causing or allowing open dumping of waste in a manner that resulted in litter at
    Pottstown Road and Kickapoo Creek Road, Kickapoo Township, Peoria County.
     
    However, the Agency states in a June 16, 2003 motion to dismiss, that it failed to serve
    the administrative citation on Sharyn Fuller 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). The Board
    therefore dismisses this case as to Sharon Fuller only. Sharon Fuller’s name will not appear in
    the caption of any future order entered in this case.
     
    As required, the Agency served the administrative citation on Carl Benedict 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 June 30, 2003, Carl Benedict timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Carl
    Benedict alleges that he stores vehicles on the property and does not conduct a tire or parts
    business at the site, that he had no more than 50 to 60 tires on the site, and that he has been
    removing tires from the property on an ongoing basis.
    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, Carl
    Benedict 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
     
    2
    available at the Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    Carl Benedict may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Carl Benedict 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
    Carl Benedict withdraws its petition after the hearing starts, the Board will require Carl Benedict
    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 Carl Benedict violated Section 21(p)(1), the Board
    will impose civil penalties on Carl Benedict. 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 Carl Benedict “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 July 10, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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