ILLINOIS POLLUTION CONTROL BOARD
    July 22, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHN BROWN d/b/a JOHN BROWN
    PAINTING,
     
    Respondent.
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    AC 04-82
    (IEPA No. 270-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On June 4, 2004, the Illinois Environmental Pr
    s that Mr. Brown violated
    (415 ILCS 5/21(p)(1) and (p)(7)
    Brown violated these provisions by causing or
    resulted in (1) litter, and (2) deposition of
    debris at 955 Country Club Road, Metropolis,
     
    As required, the Agency served the administrative citation on Mr. Brown 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 July 15, 2004, Mr. Brown timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Because the postmark
    date of the petition is within the time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2). John Brown alleges that he is cleaning the site, but that standing water is causing
    the trucks to become stuck in mud, making it impossible to remove all the waste from the site.
    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, Mr.
    Brown 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.
     
    Mr. Brown may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Mr. Brown 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.
     
    2
    Brown withdraws his petition after the hearing starts, the Board will require Mr. Brown 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 Mr. Brown violated Section 21(p)(1) and (p)(7), the
    Board will impose civil penalties on John Brown. 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 Mr. Brown “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 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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