ILLINOIS POLLUTION CONTROL BOARD
    May 16, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    GERALD GOINES,
     
    Respondent.
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    AC 02-51
    (IEPA No. 94-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On April 2, 2002, the Environmental Protection Agency (Agency) timely filed an
    administrative citation against Gerald Goines.
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that Goines violated Sections 21(p)(1), 21(p)(3), and
    21(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), 21(p)(3), and 21(p)(7)
    (2000)). The Agency further alleges that Goines violated these provisions by allowing open
    dumping resulting in litter, open burning, and the deposition of construction or demolition
    debris at 780 Crescent Loop, Vienna, Johnson County.
     
    As required, the Agency served the administrative citation on Goines 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 May 6, 2002, Goines timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b); 35 Ill. Adm. Code
    101.300(b)(2). Goines alleges that he did not cause or allow the alleged violations and that the
    alleged violations were the result of uncontrollable circumstances.
    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,
    Goines 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. 35 Ill. Adm. Code 504.
     
    Goines may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If Goines 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
    Goines withdraws his petition after the hearing starts, the Board will require Goines 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 Goines violated Section 21(p)(1), 21(p)(3), or
    21(p)(7), the Board will impose civil penalties on Goines. 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
    Goines “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 May 16, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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