ILLINOIS POLLUTION CONTROL BOARD
    April 18, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JEREL CHILDERS,
     
    Respondent.
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    AC 02-39
    (IEPA No. 557-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
    On February 11, 2002, The Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Jerel Childers (Childers).
    See
    415 ILCS 5/31.1(c)
    (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Childers 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 Childers 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 748
    Mt. Mission Road, Metropolis, Massac County.
     
    As required, the Agency served the administrative citation on Childers 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, Childers filed a notice of filing and proof of service
    indicating that he filed an administrative citation, an affidavit and an open dump inspection
    checklist with the Board. Also on March 18, 2002, the Agency received eleven copies of a
    petition for review sent by Childers. On March 25, 2002, the Agency sent a letter to Childers
    and the Board indicating that the Agency received eleven copies of his petition for review, as
    well a voice mail message from Childers indicating that he sent some documents to the wrong
    address. The Agency asserts in the letter that it is up to the Board to determine whether the
    petition for review should be accepted, and attached the eleven copies of the petition for review
    to the letter.
     
    A petition to contest an administration citation must be filed within the Board within 35
    days after the citation is served.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code
    108.204(b). Childers timely mailed his petition for review, but mistakenly sent the petition to
    the Agency instead of the Board. As the Agency was timely served with the petition, no
    material prejudice will result if the Board accepts this matter for hearing. Accordingly, 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
     
     
    2
    2
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2000). By contesting the administrative citation,
    Childers 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.
     
    Childers may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If Childers chooses to withdraw its petition, he must
    do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    Childers withdraws its petition after the hearing starts, the Board will require him 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 Childers violated Sections 21(p)(1), (p)(3) and
    (p)(7) of the Act (415 ILCS 5/21(p)(1),(p)(3),(p)(7) (2000)), the Board will impose civil
    penalties on Childers. 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 Childers “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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