ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROSEMARY PEHM,
     
    Respondent.
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    AC 04-32
    (IEPA No. 759-03-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 29, 2003, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Rosemary Pehm.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Rosemary Pehm violated Section 21(p)(1),
    (p)(3), and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7)
    (2002)). The Agency further alleges that Rosemary Pehm violated these provisions by causing
    or allowing the open dumping of waste in a manner that resulted in (1) litter; (2) open burning;
    and (3) deposition of general construction or demolition debris or clean construction or
    demolition debris at three miles south of the junction of Routes 18 and 29 in Henry, Marshall
    County.
     
    As required, the Agency served the administrative citation on Rosemary Pehm 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 28, 2004, Rosemary Pehm timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b).
    Rosemary Pehm alleges that she did not cause the violations to occur and that the violations
    resulted from uncontrollable circumstances.
    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
    itten 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,
    Rosemary Pehm 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 www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    Rosemary Pehm may withdraw her petition to contest the administrative citation at any
    time before the Board enters its final decision. If Rosemary Pehm chooses to withdraw her
    petition, she must do so in writing, unless she does so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If Rosemary Pehm withdraws her petition after the hearing starts, the Board will
     
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    require Rosemary Pehm 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 Rosemary Pehm violated Section 21(p)(1), (p)(3),
    and (p)(7), the Board will impose civil penalties on Rosemary Pehm. 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 Rosemary Pehm “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 February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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