ILLINOIS POLLUTION CONTROL BOARD
September 18, 2003
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MARY LOU RECORD and H. FRANK
RECORD,
Respondents.
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AC 04-6
(IEPA No. 391-03-AC)
(Administrative Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On August 15, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Mary Lou Record and H. Frank Record (Records).
See
415
ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). At issue is the Agency’s allegation that
the Records violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act
(Act). (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2002)). The Agency further alleges that the
Records violated these provisions by causing or allowing the open dumping of waste in a manner
that resulted in litter, causing or allowing the open dumping of waste in a manner that resulted in
open burning, and causing or allowing the open dumping of waste in a manner that resulted in
deposition of general construction or demolition debris at 31011 North County Highway 2,
Ellisville, Fulton County.
As required, the Agency served the administrative citation on the Records 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 September 15, 2003, the Records timely filed a petition to contest the
administrative citation.
See
415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The
Records allege that the Agency improperly issued the administrative citation because the
Records did not cause or allow the open dumping of waste.
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, the
Records 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 http://www.ipcb.state.il.us. 35 Ill.
Adm. Code 504.
The Records may withdraw their petition to contest the administrative citation at any time
before the Board enters its final decision. If the Records choose to withdraw their petition, they
2
must do so in writing, unless they do so orally at hearing.
See
35 Ill. Adm. Code 108.208. If the
Records withdraw their petition after the hearing starts, the Board will require the Records 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 the Records violated Section 21(p)(1), (p)(3), and
(p)(7) of the Act, the Board will impose civil penalties on the Records. 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 the Records “[have] 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 September 18, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
