ILLINOIS POLLUTION CONTROL BOARD
    July 8, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DANIEL PAULEY,
     
    Respondent.
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    AC 04-78
    (IEPA No. 238-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 14, 2004, the Agency timely filed an administrative citation against Mr. Daniel
    Pauley.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that
    Mr. Pauley violated Section 21(p)(1), (p)(3), and (p)(4) of the Environmental Protection Act (415
    ILCS 5/21(p)(1), (p)(3), and (p)(4) (2002)). The Agency further alleges that Mr. Pauley violated
    these provisions by causing or allowing the open dumping of waste in a manner that resulted in
    (1) litter, (2) open burning, and (3) deposition of waste in standing or flowing waters at Leibig
    School Road, Mascoutah, St. Clair County.
     
    As required, the Agency served the administrative citation on Mr. Pauley 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, Mr. Pauley timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Because the postmark
    date of the petition is within the time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2). Mr. Pauley denies any negligence, responsibility, or wrongdoing and alleges the
    violation, if it occurred, was the result of uncontrollable events or 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.
    Pauley 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. Pauley 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 Mr.
    Pauley withdraws his petition after the hearing starts, the Board will require Mr. Pauley 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. Pauley violated Section 21(p)(1), (p)(3), and
    (p)(4), the Board will impose civil penalties on Daniel Pauley. 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.
    Pauley “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

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