ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JAMES FARLEY,
     
    Respondent.
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    AC 04-16
    (IEPA No. 504-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On September 25, 2003, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against James Farley (Farley).
    See
    415 ILCS 5/31.1(c) (2002); 35
    Ill. Adm. Code 108.202(c). The Agency alleges that Farley violated Section 21(p)(1) of the
    Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)) by causing or allowing the open
    dumping of waste in a manner that resulted in litter at the northwest corner of Matheny and
    Wolfe Streets, in Springfield, Sangamon County.
     
    As required, the Agency served the administrative citation on Farley 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 October 16, 2003, Farley timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35
    Ill. Adm. Code 108.204(b). Farley alleges that he
    did not cause the land pollution, that he took steps to correct the situation, and that he is
    purchasing but does not operate a business at the property.
    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.
    See
    35 Ill. Adm. Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2002). By contesting the administrative citation,
    Farley 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.
    See
    35 Ill. Adm. Code 504.
     
    Farley may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Farley 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 Farley withdraws
    his petition after the hearing starts, the Board will require him 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 Farley violated Section 21(p)(1), the Board will
     
    2
    impose civil penalties on him. The civil penalty for violating Section 21(p) is $1,500 for a first
    offense and $3,000 for a second or subsequent offense.
    See
    415 ILCS 5/42(b)(4-5) (2002); 35
    Ill. Adm. Code 108.500. However, if the Board finds that Farley “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 November 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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