ILLINOIS POLLUTION CONTROL BOARD
    September 19, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LOXLEY, INC.,
     
    Respondent.
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    AC 03-5
    (IEPA No. 312-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On August 1, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Loxley, Inc. (Loxley).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Loxley violated Sections 21(p)(1), (p)(3),
    (p)(4), and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4),
    (p)(7) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002). The Agency further alleges that
    Loxley violated these provisions by causing or allowing the open dumping of waste in a manner
    resulting in litter, open burning, deposition of waste in standing or flowing waters, and
    deposition of construction or demolition debris at a facility located on the east side of the
    southern end of Oak Grove Court in Beardstown, Cass County.
     
    As required, the Agency served the administrative citation on Loxley 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 September 3, 2002, Loxley timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). Loxley alleges that it
    did not cause or allow the alleged violations, it does not own a portion of the property in
    question, it was not properly served, and 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,
    Loxley 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.
     
    Loxley may withdraw its petition to contest the administrative citation at any time before
    the Board enters its final decision. If Loxley chooses to withdraw its petition, it must do so in
    writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Loxley withdraws
    its petition after the hearing starts, the Board will require Loxley 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 Loxley violated Sections 21(p)(1), (p)(3), (p)(4),
    and (p)(7), the Board will impose civil penalties on Loxley. 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 Loxley
    “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 September 19, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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