ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ALAN SMITH,
     
    Respondent.
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    AC 01-42
    (IEPA No. No. 171-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
    On May 11, 2001, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Alan Smith (Smith).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that Smith violated Section 21(p)(3) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(3) (2000)). The Agency further alleges that Smith
    violated these provisions by causing or allowing the open dumping of waste in a manner that
    resulted in open burning at a site located in Urbana, Champaign County.
     
    As required, the Agency served the administrative citation on Smith 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 June 14, 2001, Smith timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
     
    On June 21, 2001, the Board issued an order in which it found that Smith’s petition failed
    to meet several of the requirements of Parts 101 and 108 of the Board’s procedural regulations.
    35 Ill. Adm. Code 101, 108. Specifically, Smith failed to include a notice of filing, certificate of
    service, and notice of appearance in his petition. The Board gave Smith until July 26, 2001, to
    file an amended petition correcting these deficiencies.
     
    Smith filed an amended petition on July 26, 2001, that corrected the deficiencies in the
    amended petition. In the amended petition, Smith alleges that he leased the property in question
    in late 2000 and directed two of his employees to clean up the property. Smith denies that he
    directed his employees to do any burning and denies that he violated Section 21(p)(3) of the Act .
    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,
    Smith 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.
     
     
    2
    Smith may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Smith 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 Smith withdraws
    his petition after the hearing starts, the Board will require Smith to pay the hearing costs of the
    Board and the Agency.
    See id.
    at 108.500(c).
      
    Smith 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 Smith violated Section 21(p)(3) of the Act, the Board will
    impose civil penalties on Smith. The civil penalty for Section 21(p)(3) 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 Smith “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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