ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    STEVE KOESTER,
     
    Respondent.
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    AC 02-61
    (IEPA No. 247-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On June 20, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Steve Koester (Koester).
    See
    415 ILCS 5/31.1(c) (2000); 35
    Ill. Adm. Code 108.202(c). The Agency alleges that Koester 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)
    amended by
    P.A. 92-0574, eff. June 26, 2002). The Agency further alleges that Koester
    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 on the northeast corner of Tiffany Court in Champaign, Champaign County.
     
    As required, the Agency served the administrative citation on Koester 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 July 25, 2002, Koester timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
    Koester alleges that he did not cause or allow the violations alleged in the administrative
    citation.
    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,
    Koester 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 at www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    Koester may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Koester chooses to withdraw his petition, he must
    do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
     
    2
    Koester withdraws his petition after the hearing starts, the Board will require Koester 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 Koester violated Sections 21(p)(1), (p)(3), and
    (p)(7) of the Act, the Board will impose civil penalties on Koester. 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 Koester “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 August 8, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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