ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    PAUL RIDER,
     
    Respondent.
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    AC 03-15
    (IEPA No. 690-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    On December 26, 2002, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Paul Rider (Rider).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Rider violated Sections 21(p)(1) and (3) of the
    Environmental Protection Act. 415 ILCS 5/21(p)(1) and (3) (2002). The Agency further alleges
    that Rider violated these provisions by owning and operating an open dump at 29221 E. 2900 N.
    Road, Chenoa, McLean County.
     
    As required, the Agency served the administrative citation on Rider 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 January 27, 2003, Rider timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Rider alleges that he
    did not cause or allow the violation of the Act.
    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, Rider
    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 108.504. 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.
     
    Rider may withdraw its petition to contest the administrative citation at any time before
    the Board enters its final decision. If Rider 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 Rider withdraws
    its petition after the hearing starts, the Board will require Rider 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 Rider violated Section 21(p)(1) or (3), the Board
    will impose civil penalties on Rider. The civil penalty for violating Section 21(p) is $1,500 for a
     
    2
    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 Rider “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 February 6, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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