ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHN SMITH and TWILLA WILLIAMS
    SMITH,
     
    Respondents.
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    AC 03-21
    (IEPA No. 112-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On March 5, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against John Smith and Twilla Williams Smith (respondents).
    See
    415
    ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that respondents
    violated Sections 21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
    and (p)(7) (2002)). The Agency further alleges that respondents violated these provisions by
    causing or allowing the open dumping of waste in a manner resulting in litter, and causing or
    allowing the open dumping of waste in a manner resulting in deposition of general construction
    or demolition debris or clean construction or demolition debris at 201 Grand, Anna, Union
    County.
     
    As required, the Agency served the administrative citation on respondents 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 April 3, 2003, respondents timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b).
    Respondents alleges that the violation has not existed for some time and it was caused by
    uncontrollable circumstances.
    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,
    respondents 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.
     
    Respondents may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondents chooses to withdraw its petition, they
    must do so in writing, unless they does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
     
    2
    respondents withdraws its petition after the hearing starts, the Board will require respondents 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 respondents violated Section 21(p)(1) and (p)(7),
    the Board will impose civil penalties on respondents. 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 respondents
    “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 April 17, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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