ILLINOIS POLLUTION CONTROL BOARD
February 6, 2003
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
PAUL RIDER,
Respondent.
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AC 03-15
(IEPA No. 690-02-AC)
(Administrative Citation)
ORDER OF THE BOARD (by T. E. Johnson):
On December 26, 2002, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Paul Rider (Rider).
See
415 ILCS 5/31.1(c) (2002); 35 Ill.
Adm. Code 108.202(c). The Agency alleges that Rider violated Sections 21(p)(1) and (3) of the
Environmental Protection Act. 415 ILCS 5/21(p)(1) and (3) (2002). The Agency further alleges
that Rider violated these provisions by owning and operating an open dump at 29221 E. 2900 N.
Road, Chenoa, McLean County.
As required, the Agency served the administrative citation on Rider within “60 days after
the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
see also
35 Ill. Adm. Code
108.202(b). On January 27, 2003, Rider timely filed a petition to contest the administrative
citation.
See
415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Rider alleges that he
did not cause or allow the violation of the Act.
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) (2002). By contesting the administrative citation, Rider
may have to pay the hearing costs of the Board and the Agency.
See
415 ILCS 5/42(b)(4-5)
(2002); 35 Ill. Adm. Code 108.504. 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.
Rider may withdraw its petition to contest the administrative citation at any time before
the Board enters its final decision. If Rider 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 Rider withdraws
its petition after the hearing starts, the Board will require Rider 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) (2002); 35 Ill.
Adm. Code 108.400. If the Board finds that Rider violated Section 21(p)(1) or (3), the Board
will impose civil penalties on Rider. The civil penalty for violating Section 21(p) is $1,500 for a
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first offense and $3,000 for a second or subsequent offense. 415 ILCS 5/42(b)(4-5) (2002); 35
Ill. Adm. Code 108.500. However, if the Board finds that Rider “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) (2002);
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 February 6, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board