ILLINOIS POLLUTION CONTROL BOARD
January 10, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
BRADNEY LUCKHART,
Respondent.
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AC 02-18
(IEPA No. 431-01-AC)
(Administrative Citation)
ORDER OF THE BOARD (by N.J. Melas):
On October 22, 2001, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Bradney Luckhart (Luckhart).
See
415 ILCS 5/31.1(c)
(2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Luckhart violated Sections
21(p)(1), 21(p)(3), and 21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
(p)(3), and (p)(7) (2000)). The Agency further alleges that Luckhart violated these provisions by
causing or allowing open dumping of waste in a manner resulting in litter, open burning, and
deposition of construction or demolition debris at a facility adjacent to Kickapoo Creek in West
Lincoln Township, Logan County.
As required, the Agency served the administrative citation on Luckhart 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 27, 2001, Luckhart timely filed a petition to contest the
administrative citation.
See
415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
However, in his petition Luckhart failed to include reasons why he believed that the
administrative citation was improperly issued. On December 6, 2001, the Board issued an order
directing Luckhart to file an amended petition including those reasons within 30 days or the
petition would be dismissed. On January 2, 2002, Luckhart filed his amended petition in which
he alleged that he did not cause or allow the alleged violations and that the alleged violations
were the result of 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) (2000). By contesting the administrative citation,
Luckhart 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.
Luckhart may withdraw its petition to contest the administrative citation at any time
before the Board enters its final decision. If Luckhart chooses to withdraw its petition, Luckhart
must do so in writing, unless he does so orally at hearing.
See
35 Ill. Adm. Code 108.208. If
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Luckhart withdraws its petition after the hearing starts, the Board will require Luckhart 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 Luckhart violated Sections 21(p)(1), 21(p)(3), or
21(p)(7) of the Act, the Board will impose civil penalties on Luckhart. 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 Luckhart “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 January 10, 2002, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board