ILLINOIS POLLUTION CONTROL BOARD
July 8, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CHARLES L. PARKER,
Respondent.
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AC 04-75
(IEPA No. 221-04-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On May 5, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
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As required, the Agency served the administrative citation on Charles L. Parker 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 June 23, 2004, Charles L. Parker timely filed a petition to contest
the administrative citation.
See
415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b).
Charles L. Parker alleges that the violations were the result of uncontrollable circumstances and
that he did not cause the alleged violations.
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,
Charles L. Parker 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.
Charles L. Parker may withdraw his petition to contest the administrative citation at any
time before the Board enters its final decision. If Charles L. Parker 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 Charles L. Parker withdraws his petition after the hearing starts, the Board will
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require Charles L. Parker 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 Charles L. Parker violated Section 21(p)(1), (p)(3),
and (p)(7), the Board will impose civil penalties on Charles L. Parker. 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 Charles L. Parker “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 July 8, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
