ILLINOIS POLLUTION CONTROL BOARD
    May 20, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    TIM WALKER,
     
    Respondent.
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    AC 04-59
    (IEPA No. 135-04-AC
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On April 5, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Tim Walker.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleges that Mr. Walker violated Section 21 (p)(1) and (3) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (3) (2002)). The administrative
    citation alleges that Mr. Walker violated these provisions by causing or allowing open dumping
    resulting in liter and open burning at 3610 Christmas Tree Road, Decatur, Macon County.
     
    As required, the Agency served the administrative citation on Mr. Walker 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 May 5, 2004, Mr. Walker 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.
    Walker denies the alleged violations and asserts that any violations which may have occurred
    were a result of 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
    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.
    Walker 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.
     
    est the administrative citation at any time
    before the Board enters its final decision. If Mr. Walker 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.
    Walker withdraws its petition after the hearing starts, the Board will require Mr. Walker to pay
    the hearing costs of the Board and the Agency.
    See id.
    at 108.500(c).
      
     
    2
    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. Walker violated Section 21 (p)(1) and (3) of the
    Act (415 ILCS 5/21(p)(1) and (3) (2002)) the Board will impose civil penalties on Mr. Walker.
    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 Mr. Walker “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 May 20, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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