ILLINOIS POLLUTION CONTROL BOARD
    March 21, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROBERT and JOHN GRAY d/b/a GRAY’S
    MATERIAL SERVICE
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
    AC 02-40
    (IEPA No. 52-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
    On February 13, 2002, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Robert and John Gray d/b/a Gray’s Material Service
    (Grays).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that
    Grays violated Sections 21(p)(1), (p)(3) and (p)(7) of the Environmental Protection Act (415
    ILCS 5/21(p)(1), (p)(3), (p)(7) (2000)). The Agency further alleges that Grays violated these
    provisions by causing or allowing the open dumping of waste in a manner resulting in litter, open
    burning, and the deposition of construction or demolition debris at a facility located at 834 East
    Second Street, Gilman, Iroquois County.
     
    As required, the Agency served the administrative citation on Grays 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 March 18, 2002, Grays timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). Grays alleges that it did
    not cause or allow the alleged violations, or the allegations do not otherwise constitute violations
    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,
    Grays 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. A schedule of the Board’s hearing costs is available at the
    Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill. Adm. Code 504.
     
    Grays may withdraw its petition to contest the administrative citation at any time before
    the Board enters its final decision. If Grays chooses to withdraw its petition, it must do so in
    writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Grays withdraws
    its petition after the hearing starts, the Board will require Grays to pay the hearing costs of the
    Board and the Agency.
    See id.
    at 108.500(c).
      
     
    2
    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 Grays violated Sections 21(p)(1), (p)(3) and (p)(7)
    of the Act, the Board will impose civil penalties on Grays. 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 Grays
    “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 March 21, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top