ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    EDDIE GREER,
     
    Respondent.
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    AC 04-13
    (CDOE No. 03-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On September 22, 2003, the City of Chicago Department of Environment timely filed an
    administrative citation against Eddie Greer.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). At issue is the City of Chicago Department of Environment’s allegation that Eddie
    Greer violated Section 21(p)(1) and 21(p)(7) of the Environmental Protection Act. 415 ILCS
    5/21(p)(1) and 21(p)(7) (2002). The City of Chicago Department of Environment further alleges
    that Eddie Greer violated these provisions by causing or allowing the open dumping of waste in a
    manner that resulted in litter and causing or allowing the open dumping of waste in a manner that
    resulted in deposition of general or clean construction or demolition debris at 609 West 59th
    Street, Chicago, Cook County.
     
    As required, the City of Chicago Department of Environment served the administrative
    citation on Eddie Greer 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 October 17, 2003, Eddie Greer
    timely filed a petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35
    Ill. Adm. Code 108.204(b). Eddie Greer alleges that he did not cause any pollution of any kind.
    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, Eddie
    Greer may have to pay the hearing costs of the Board and the City of Chicago Department of
    Environment.
    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.
     
    Eddie Greer may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Eddie Greer 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
    Eddie Greer withdraws his petition after the hearing starts, the Board will require Eddie Greer to
     
    2
    pay the hearing costs of the Board and City of Chicago Department of Environment.
    See id.
    at
    108.500(c).
     
    City of Chicago Department of Environment 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 Eddie Greer
    violated Section 21(p)(1) and (p)(7), the Board will impose civil penalties on Eddie Greer. 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 Eddie Greer “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 November 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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