ILLINOIS POLLUTION CONTROL BOARD
    April 18, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    HERBERT L. BOARD,
     
    Respondent.
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    AC 02-42
    (IEPA No. 50-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On March 11, 2002, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Herbert Board (respondent).
    See
    415 ILCS 5/31.1(c)
    (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that respondent violated Section
    21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)). The
    Agency further alleges that respondent violated this provision by causing or allowing the open
    dumping of waste in a manner resulting in litter at a facility located west of Route 1,
    approximately four miles south of Vermillion and south of Sugar Creek, in Elbridge Township,
    Edgar County. The administrative citation meets the content requirements of 35 Ill. Adm.
    Code 108.202(b).
     
    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 108.202(b). On April 15, 2002, respondent timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
    Respondent alleges he did not cause or allow the alleged violations, and that uncontrollable
    circumstances existed.
    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,
    respondent 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, www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    Respondent may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondent chooses to withdraw his petition, he
     
    2
    must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    respondent withdraws its petition after the hearing starts, the Board will require respondent 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 respondent violated Section 21(p)(1) of the
    Act, the Board will impose civil penalties on respondent. 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
    respondent “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 April 18, 2002, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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