ILLINOIS POLLUTION CONTROL BOARD
    July 8, 2004
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    NATIONAL MATERIAL LIMITED
    PARTNERSHIP,
     
    Respondent.
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    AC 04-79
    (CDOE No. 04-09-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On May 18, 2004, the City of Chicago Department of Environment (CDOE) timely filed
    an administrative citation against National Material Limited Partnership (NMLP).
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). For the reasons below, the Board accepts
    NMLP’s petition to contest the administrative citation.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), an administrative
    citation is an expedited enforcement action brought before the Board seeking civil penalties that
    are fixed by statute. Administrative citations may be filed only by the Illinois Environmental
    Protection Agency (Agency) or, if the Agency has delegated the authority, by a unit of local
    government, and only for limited types of alleged violations at sanitary landfills or unpermitted
    open dumps.
    See
    415 ILCS 5/3.305, 3.445, 4(r), 21(o), (p), 31.1, 42(b)(4), (4-5) (2002); 35 Ill.
    Adm. Code 108. CDOE is a delegated unit.
     
    CDOE alleges that NMLP violated Sections 21(p)(4) and (p)(6) of the Act (415 ILCS
    5/21(p)(4), (p)(6) (2002)). According to CDOE’s administrative citation, NMLP violated these
    provisions of the Act by causing or allowing the open dumping of waste resulting in (1)
    deposition of waste in standing or flowing waters and (2) standing or flowing liquid discharge
    from the dump site at 12950 South Stony Island Avenue, Chicago, Cook County. CDOE asks
    the Board to impose a $3,000 civil penalty on NMLP for these two alleged violations.
     
    As required, CDOE served the administrative citation on NMLP 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 22, 2004, NMLP timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). NMLP disputes the
    designation of the materials at issue as waste. NMLP also contends that the inspected conditions
    resulted from unusually heavy rainfall and uncontrollable circumstances, an act of God. NMLP
    further asserts that it did not cause or allow the violations alleged and that it never operated at the
    site.
    See
    35 Ill. Adm. Code 108.206. The Board accepts the petition for hearing.
     
     
    2
    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.
    See
    35 Ill. Adm. Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2002). By contesting the administrative citation,
    NMLP may have to pay the hearing costs of the Board and CDOE.
    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 from
    the Clerk of the Board and on the Board’s Web site at www.ipcb.state.il.us.
    See
    35 Ill. Adm.
    Code 108.504.
     
    NMLP may withdraw its petition to contest the administrative citation at any time before
    the Board enters its final decision. If NMLP chooses to withdraw its petition, it must do so in
    writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If NMLP withdraws
    its petition after the hearing starts, the Board will require NMLP to pay the hearing costs of the
    Board and CDOE if CDOE prevails.
    See id.
    at 108.500(c).
     
    CDOE 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 NMLP violated Sections 21(p)(4) and (p)(6), the
    Board will impose civil penalties on NMLP. The civil penalty for violating any provision of
    Section 21(p) is $1,500 for each violation of each such provision, except that the penalty amount
    imposed will be $3,000 for each violation of any provision of Section 21(p) that is the
    respondent’s second or subsequent adjudicated violation of that provision.
    See
    415 ILCS
    5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds that NMLP “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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