ILLINOIS POLLUTION CONTROL BOARD
July 22, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CITY OF SALEM, ROGER KINNEY, DICK
BROWN, and JASON BRUCE,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
AC 04-84
(IEPA No. 275-04-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On June 7, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against the City of Salem, Roger Kinney, Dick Brown, and Jason Bruce
(respondents).
See
415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
alleges that respondents violated Section 21(o)(5) and (o)(12) of the Environmental Protection
Act (415 ILCS 5/21(o)(5) and (o)(12) (2002)). The Agency further alleges that respondents
violated these provisions by causing or allowing the open dumping of waste in a manner that
p
r
e
v
i
o
u
s
o
p
e
r
a
t
i
n
g
d
a
y
o
r
a
t
t
h
e
c
o
n
c
l
u
s
i
o
n
o
f
a
n
o
p
e
r
a
t
i
n
g
d
a
y
,
a
n
d
(
2
)
f
a
i
l
u
r
e
t
o
c
o
l
l
e
c
t
a
n
d
c
o
nt a
i
n
l
i
t
t
e
r
fr om
t
h
e
s
i
t
e
by
t
h
e
e
n
d
o
f
t
h
e
o
p
e
r
a
t
i
n
g
d
a
y
a
t
t
h
e
S
a
l
e
m
M
u
n
i
c
i
p
a
l
L
a
n
d
f
i
l
l
,
90
0
E
a
s
t
L
a
ke
S
t
r
e
e
t
,
S
a
l
e
m,
M
a
r
i
o
n
C
o
u
n
t
y
.
As required, the Agency served the administrative citation on respondents 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 July 6, 2004, respondents 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). Respondents deny 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,
respondents 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.
Respondents may withdraw their petition to contest the administrative citation at any time
before the Board enters its final decision. If respondents choose to withdraw their petition, they
must do so in writing, unless they do so orally at hearing.
See
35 Ill. Adm. Code 108.208. If
2
Respondents withdraw their petition after the hearing starts, the Board will require respondents
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 respondents violated Section 21(o)(5) and (o)(12),
the Board will impose civil penalties on them. The civil penalty for violating Section 21(o) is
$500 for a first offense and $1,000 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 respondents “have 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 22, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
