ILLINOIS POLLUTION CONTROL BOARD
    September 18, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    EDWARD SAPP,
     
    Respondent.
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    AC 04-4
    (IEPA No. 390-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On August 5, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Edward Sapp (Sapp).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). At issue is the Agency’s allegation that Sapp violated Section 21(p)(1)
    and (p)(3) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(3) (2002)).
    The Agency further alleges that Sapp violated these provisions by causing or allowing open
    dumping of waste in a manner that resulted in litter and causing or allowing open dumping of
    waste in a manner that resulted in open burning at a facility in Hurlbut Township, Logan County,
    that has a mailing address of 460 100th Avenue, Athens.
     
    As required, the Agency served the administrative citation on Sapp 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 September 8, 2003, Sapp timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Sapp alleges that the
    site was never used as a dump, that open burning never occurred on the site, and that the location
    is cleaned up.
    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, Sapp
    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 http://www.ipcb.state.il.us. 35 Ill. Adm. Code
    504.
     
    Sapp may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Edward Sapp 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 Sapp
    withdraws his petition after the hearing starts, the Board will require Sapp 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) (2002); 35 Ill.
    Adm. Code 108.400. If the Board finds that Sapp violated Section 21(p)(1) and (p)(3) of the
    Act, the Board will impose civil penalties on Sapp. 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 Sapp “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 September 18, 2003, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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