ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROBERT and PHYLIS ULRICH, and BOB
    ULRICH PALLET, INC.,
     
    Respondents.
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    AC 05-5
    (IEPA No. 314-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 19, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Robert and Phylis Ulrich and Bob Ulrich Pallet, Inc.
    (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). On August 17,
    2004, the respondents filed a petition to review the administrative citation. For the reasons
    below, the Board accepts respondents’ 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.
     
    The Agency alleges that respondents violated Sections 21(p)(1) of the Act. 415 ILCS
    5/21(p)(1) (2002). According to the Agency’s administrative citation, respondents violated these
    provisions of the Act by causing or allowing the open dumping of waste resulting in litter at a
    facility located at 5913 West St. Anthony Road, Quincy in Adams County (site). The Agency
    asks the Board to impose a $1,500 civil penalty on respondents for the alleged violation.
     
    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 August 17, 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).
    Respondents state that Robert and Phylis Ulrich did not cause or allow the alleged violation, that
    Bob Ulrich Pallet, Inc. does not own the property, and that Robert Ulrich’s daughters had serious
    medical conditions that caused Robert Ulrich to need additional time to address the alleged
    violation. Petition at 1-2. 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,
    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 from the Clerk of the Board and on the Board’s Web site at http://www.ipcb.state.il.us/.
    See
    35 Ill. Adm. Code 108.504.
     
    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
    respondents withdraw their petition after the hearing starts, the Board will require respondents to
    pay the hearing costs of the Board and the Agency if the Agency prevails.
    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 the Agency violated Sections 21(p)(1), (p)(3), and
    (p)(7), the Board will impose civil penalties on respondents. 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 a 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 a respondent
    “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 September 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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