ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    CHARLES GOODWIN,
     
    Respondent.
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    AC 02-17
    (IEPA No. 424-01-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 Charles Goodwin.
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Goodwin violated Section 21(p)(1) of the
    Environmental Protection Act (415 ILCS 5/21(p)(1) (2000)). The Agency further alleges that
    Goodwin violated these provisions by causing or allowing open dumping of waste resulting in
    litter at a facility in Pike County.
     
    As required, the Agency served the administrative citation on Goodwin 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 9, 2001, Goodwin 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 a November 15, 2001 order, the Board found that Goodwin’s petition failed
    to include any reasons why he believed that the citation was improperly issued.
    See
    35 Ill. Adm.
    Code 108.206. The Board granted Goodwin leave to file an amended petition for review and set
    a December 20, 2001 deadline for Goodwin to file.
     
    On December 13, 2001, Goodwin filed an amended petition for review. Goodwin alleges
    that the facility in question is not an open dump, that he has not caused open dumping resulting
    in litter, that he is in the process of cleaning up litter caused by other persons, and that he is not
    the sole owner of the facility.
    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,
    Goodwin 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.
     
    Goodwin may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If Goodwin chooses to withdraw its petition, he must
     
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    do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    Goodwin withdraws its petition after the hearing starts, the Board will require Goodwin 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 Goodwin violated 415 ILCS 5/21(p)(1), the Board
    will impose civil penalties on Goodwin. 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 Goodwin “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 20, 2001 by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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