ILLINOIS POLLUTION CONTROL BOARD
    February 19, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    EQUIPPING THE SAINTS MINISTRY,
    INTERNATIONAL, INC.,
     
    Respondent.
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    AC 04-31
    (IEPA No. 747-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 22, 2003, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Equipping the Saints Ministry, International, Inc.
    (Equipping the Saints Ministry).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c).
    The Agency alleges that Equipping the Saints Ministry violated Section 21(p)(1) and (p)(7) of
    the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The Agency
    further alleges that Equipping the Saints Ministry violated these provisions by causing or
    allowing the open dumping of waste in a manner that resulted in (1) litter and (2) deposition of
    general construction or demolition debris or clean construction or demolition debris at 402 W.
    Loud Street, Virden, Macoupin County.
     
    As required, the Agency served the administrative citation on Equipping the Saints
    Ministry 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 February 13, 2004, Equipping the Saints Ministry
    timely filed a petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35
    Ill. Adm. Code 108.204(b). Equipping the Saints Ministry alleges that all debris has been
    removed, and that prompt removal will be assured for any future construction debris.
    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,
    Equipping the Saints Ministry 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.
     
    Equipping the Saints Ministry may withdraw its petition to contest the administrative
    citation at any time before the Board enters its final decision. If Equipping the Saints Ministry
    chooses to withdraw its petition, it must do so in writing, unless it does so orally at hearing.
    See
     
     
    2
    35 Ill. Adm. Code 108.208. If Equipping the Saints Ministry withdraws its petition after the
    hearing starts, the Board will require Equipping the Saints Ministry 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 Equipping the Saints Ministry violated Section
    21(p)(1) and (p)(7), the Board will impose civil penalties on Equipping the Saints Ministry. 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 Equipping the Saints Ministry “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 19, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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