ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DOUGLAS S. CARRICO d/b/a CARRICO’S
    AUTO HEAP,
     
    Respondent.
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    AC 04-27
    (IEPA No. 686-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On December 1, 2003, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Douglas S. Carrico, d/b/a Carrico’s Auto Heap (Mr.
    Carrico).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges
    that Mr. Carrico caused or allowed the open dumping of waste resulting in litter in violation of
    Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)). The
    Agency further alleges that Mr. Carrico violated these provisions by allowing the open dumping
    of various vehicles, auto parts, and tires on property located at 19291 Carrico Road, Kane,
    Greene County.
     
    As required, the Agency served the administrative citation on Mr. Carrico 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 6, 2004, Mr. Carrico timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Mr.
    Carrico alleges he signed a tire removal agreement with the Agency on August 8, 2004, and that
    he has fully complied with the Agency’s requests to clean up his property.
    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, Mr.
    Carrico may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)[(4) or (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 www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    Mr. Carrico may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If Mr. Carrico 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 Mr.
     
    2
    Carrico withdraws his petition after the hearing starts, the Board will require Mr. Carrico 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 Mr. Carrico violated Section 21(p)(1), the Board
    will impose civil penalties on Mr. Carrico. 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)
    or (4-5)] (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds that Mr. Carrico “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 January 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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