ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    VINCE HARVEY,
     
    Respondent.
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    AC 03-27
    (IEPA No. 144-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 26, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Vince Harvey.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
    Code 108.202(c). At issue is the Agency allegation that Vince Harvey violated Section 21(p)(1)
    and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The
    Agency further alleges that Vince Harvey violated these provisions by causing or allowing open
    dumping of waste resulting in litter and in deposition of general construction or demolition
    debris or clean construction or demolition debris at 1456 North East Street, Kewanee, Henry
    County.
     
    As required, the Agency served the administrative citation on Vince Harvey 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 May 1, 2003, Vince Harvey filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Because the postmark
    date of the petition is within the time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2). On May 9, 2003, Vince Harvey filed an amended petition to contest the
    administrative citation. Vince Harvey alleges that removal of the construction debris has begun.
    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,
    Vince Harvey 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 108.500. A schedule of the Board’s hearing costs is
    available at the Board’s offices and on the Board’s Website at www.ipcb.state.il.us. 35 Ill. Adm.
    Code 504.
     
    Vince Harvey may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Vince Harvey 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
    Vince Harvey withdraws his petition after the hearing starts, the Board will require Vince
    Harvey 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 Vince Harvey violated Section 21(p)(1) and (p)(7)
    of the Act, the Board will impose civil penalties on Vince Harvey. 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) (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds
    that Vince Harvey “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 May 15, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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