ILLINOIS POLLUTION CONTROL BOARD
    March 7, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    E. LEWIS LOOK,
     
    Respondent.
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    AC 02-35
    (IEPA No. 563-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On January 25, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against E. Lewis Look (Look).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Look violated Sections 21(p)(1) and (p)(7) of
    the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2000)). The Agency further
    alleges that Look violated these provisions by causing or allowing the open dumping of waste in
    a manner resulting in litter and the deposition of general construction or demolition debris at a
    facility located at 2600 West Nebraska, Peoria, Peoria County.
     
    As required, the Agency served the administrative citation on Look 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 February 28, 2002, Look timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). Look alleges that he did
    not cause or allow certain of the alleged violations.
    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, Look
    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 and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill. Adm. Code 504.
     
    Look may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Look 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 Look withdraws
    his petition after the hearing starts, the Board will require Look to pay the hearing costs of the
    Board and the Agency.
    See id.
    at 108.500(c).
      
    Look 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 Look violated Sections 21(p)(1) and (p)(7) of the Act, the
    Board will impose civil penalties on Look. The civil penalty for violating Section 21(p) is
     
    2
    $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 Look “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 March 7, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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