ILLINOIS POLLUTION CONTROL BOARD
    October 2, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROGER RAY,
     
    Respondent.
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    AC 04-08
    (IEPA No. 392-03-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On September 19, 2003, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Roger Ray.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
    Code 108.202(c). At issue is the Agency’s allegation that Roger Ray violated Section 21(p)(1)
    and (p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(3) (2002)) (the
    Act). The Agency further alleges that Roger Ray violated these provisions by causing or
    allowing the open dumping of waste in a manner that resulted in litter and open burning of waste
    at the southeast corner of the intersection of County Road 750E and the railroad tracks in Block
    3 of the J.W. Evans’ Second Addition to Kirksville, Moultrie County.
     
    As required, the Agency served the administrative citation on Roger Ray 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 29, 2003, Roger Ray timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Roger
    Ray alleges that he does not occupy the subject property, although he does own it, that other
    persons unknown to him must have committed the acts alleged to have violated the Act, and that
    he did not discover the acts committed until after he was served with a copy of 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) (2002). By contesting the administrative citation,
    Roger Ray 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 Web site at http://www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    Roger Ray may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Roger Ray 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
    Roger Ray withdraws his petition after the hearing starts, the Board will require Roger Ray 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 Roger Ray violated Section 21(p)(1) and (p)(3)
    allegedly violated], the Board will impose civil penalties on Roger Ray. 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 Roger Ray “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 October 2, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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