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
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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