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
     
    2
    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

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