ILLINOIS POLLUTION CONTROL BOARD
    June 3, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    MICHAEL MORETON,
     
    Respondent.
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    AC 04-51
    (IEPA No. 83-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 26, 2004, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Michael Moreton (Moreton).
    See
    415 ILCS 5/31.1(c)
    (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Moreton violated Sections
    21(p)(1) and (7) of the Environmental Protection Act. 415 ILCS 5/21(p)(1), (7) (2002). The
    Agency further alleges that Moreton violated these provisions by causing or allowing the open
    dumping of waste in a manner that resulted in litter and the deposition of construction or
    demolition debris at the southeast corner of the intersection of Coles County roads 1380 N and
    2330 E, T.13N-R.10E, Ashmore Township, Ashmore in Coles County.
     
    As required, the Agency served the administrative citation on Moreton 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 March 31, 2004, Moreton filed a pe
    tition for review of the administrative
    citation. On April 15, 2004, the Board issued an order finding the petition for review deficient
    and directing Moreton to file an amended petition for review on or before May 14, 2004. On
    May 11, 2004, Moreton filed an amended petition for review.
     
    In the amended petition, Moreton denies the alleged violations and asserts that he did not
    cause or allow the alleged violations, that the alleged violations were the result of uncontrollable
    circumstances and that some of the items in question are not litter but recyclable. 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,
    Moreton 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.
     
     
    2
    Moreton may withdraw the petition to contest the administrative citation at any time
    before the Board enters its final decision. If Moreton chooses to withdraw the petition, he must
    do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Moreton
    withdraws the petition after the hearing starts, the Board will require him 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 Moreton violated Section 21 (p)(1) and (7) of the
    Act (415 ILCS 5/21(p)(1) and (7) (2002)) the Board will impose civil penalties. 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 Moreton “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 June 3, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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