ILLINOIS POLLUTION CONTROL BOARD
August 19, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LESTER SMITH,
Respondent.
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AC 05-2
(IEPA No. 229-04-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On July 1, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
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As required, the Agency served the administrative citation on Lester Smith 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 August 17, 2004, Lester Smith 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). Lester Smith alleges that several medical problems over the past two
years have hindered cleanup of his residence.
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,
Lester Smith may have to pay the hearing costs of the Board and the Agency.
See
415 ILCS
5/42(b)(4) (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.
ntest the administrative citation at any time
before the Board enters its final decision. If Lester Smith 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
Lester Smith withdraws his petition after the hearing starts, the Board will require Lester Smith
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 Lester Smith violated Section 21(p)(1), the Board
will impose civil penalties on Lester Smith. 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 Lester Smith “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 August 19, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
