ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LITTLE DOZING SERVICE, INC,
     
    Respondent.
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    AC 02-60
    (IEPA No. 246-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On June 17, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Little Dozing Service, Inc (Respondent).
    See
    415 ILCS
    5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that the Respondent
    violated Section 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 the Respondent violated
    these provisions by causing open dumping, causing open dumping resulting in open burning,
    and causing open dumping in a manner resulting in deposition of general construction or
    demolition debris or clean construction or demolition debris in Shiloh Township, Edgar
    County.
     
    As required, the Agency served the administrative citation on the Respondent 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 June 24, 2002, the 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).
    The Respondent alleges it has not owned the affected property at any time and did not cause or
    allow the open dumping.
    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, the
    Respondent may have to pay the hearing costs of the Board and 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.
     
    The Respondent may withdraw its petition to contest the administrative citation at any
    time before the Board enters its final decision. If the Respondent chooses to withdraw its
     
    2
    petition, it must do so in writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If the Respondent withdraws its petition after the hearing starts, the Board will
    require the 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 the Respondent violated Section 21(p)(1), the
    Board will impose civil penalties on the 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 the
    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 July 11, 2002, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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