ILLINOIS POLLUTION CONTROL BOARD
    March 4, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    CHRISTOPHER COLEMAN,
     
    Respondent.
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    AC 04-46
    (IEPA No. 35-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 30, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Christopher Coleman.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Christopher Coleman violated Section 21(p)(1)
    and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The
    Agency further alleges that Christopher Coleman 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 northwest
    of the intersection of Route 127 and Main Street, Alto Pass, Union County.
     
    As required, the Agency served the administrative citation on Christopher Coleman
    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 23, 2004, Christopher Coleman timely filed a petition
    to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code
    108.204(b). Christopher Coleman alleges that the materials located at the site are merchandise,
    and that there has never been waste deposited at the site.
    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,
    Christopher Coleman 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.
     
    Christopher Coleman may withdraw his petition to contest the administrative citation at
    any time before the Board enters its final decision. If Christopher Coleman 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 Christopher Coleman withdraws his petition after the hearing starts, the Board will
     
    2
    require Christopher Coleman 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 Christopher Coleman violated Section 21(p)(1) and
    (p)(7), the Board will impose civil penalties on Christopher Coleman. 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 Christopher Coleman “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 March 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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