ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    BRAD KRSTIC,
     
    Respondent.
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    AC 02-16
    (IEPA No. 423-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by R.C. Flemal):
    On October 22, 2001, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Brad Krstic (Krstic), owner and operator of a facility
    located at 240th and Route 17 in Aledo, Mercer County.
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Krstic violated Sections 21(p)(1) and (p)(3) of
    the Environmental Protection Act. 415 ILCS 5/21(p)(1), (p)(3) (2000). The Agency further
    alleges that Krstic violated these provisions by causing or allowing the open dumping of waste in
    a manner resulting in litter and open burning.
     
    As required, the Agency served the administrative citation on Krstic 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 November 26, 2001, Krstic timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). Krstic alleges that he
    was not engaged in open dumping, and did not permit litter, but was engaged in the removal of
    accumulated junk, tires, and debris pursuant to a Mercer County court order.
    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,
    Krstic 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.
     
    Krstic may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Krstic 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 Krstic withdraws
    his petition after the hearing starts, the Board will require Krstic 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) (2000); 35 Ill.
    Adm. Code 108.400. If the Board finds that Krstic violated Sections 21(p)(1) and (p)(3) of the
     
    2
    Act, the Board will impose civil penalties on Krstic. 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) (2000); 35 Ill. Adm. Code 108.500. However, if the Board finds that Krstic “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 December 6, 2001 by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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