ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2001
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    HOUSEWRIGHT LUMBER CO.,
    WILLIAM A. HOUSEWRIGHT, and
    GEORGE HARTMANN,
     
    Respondents.
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    AC 02-20
    (IEPA No. 442-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On October 22, 2001, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Housewright Lumber Co., William Housewright, and
    George Hartmann (respondents).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c).
    The Agency alleges that respondents violated Sections 21(p)(1), 21(p)(3), 21(p)(4), and 21(p)(7)
    of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (3), (4), (7) (2000)).
    Respondents allegedly violated these provisions by causing or allowing open dumping of waste
    resulting in litter, open burning, deposition of waste in standing or flowing waters, and the
    deposition of general construction or demolition debris or clean construction or demolition debris
    at a facility in Hancock County.
     
    As required, the Agency served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    see also
    35 Ill. Adm.
    Code 101.300(a), 108.202(b). On November 26, 2001, respondents 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 November 26, 2001, respondents filed a petition for review. 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,
    respondents 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.
     
    Respondents may withdraw their petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondents choose to withdraw their petition, they
    must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
     
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    respondents withdraw their petition after the hearing starts, the Board will require respondents to
    pay the hearing costs of the Board and the Agency.
    See
    35 Ill. Adm. Code 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 respondents violated 415 ILCS 5/21(p)(1), 21(p)(3),
    21(p)(4), and 21(p)(7), the Board will impose civil penalties on respondents. 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 respondents have “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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