ILLINOIS POLLUTION CONTROL BOARD
September 2, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TED HARRISON and GERALD S. GILL,
Respondents.
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AC 05-8
(IEPA No. 330-04-AC)
(Administrative Citation)
ORDER OF THE BOARD (by N.J. Melas):
On July 19, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Mr. Ted Harrison and Mr. Gerald S. Gill (respondents).
See
415
ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that respondents
violated Section 21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
and (p)(7) (2002)). The Agency further alleges
manner that resulted in litter
heast quarter of Section 35, T. 18 N, R 10 W, in
is known as Virginia/Ted Harrison Oil, and
As required, the Agency served the administrative citation on Mr. Harrison and Mr. Gill
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). To contest an administrative citation, a respondent must file a
petition with the Board no later than 35 days after being served with the administrative citation.
35 Ill. Adm. Code 108.204(b). On August 23, 2004, Mr. Harrison timely filed a petition to
contest the administrative citation.
See
415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code
108.204(b). In his petition, Mr. Harrison alleges that he did not cause or allow the alleged
violations.
See
35 Ill. Adm. Code 108.206. The Board accepts Mr. Harrison’s petition for
hearing.
On August 25, 2004, Mr. Gill timely filed a petition to contest the administrative citation,
as the petition was sent by certified mail on August 20, 2004.
See
415 ILCS 5/31.1(d) (2002); 35
Ill. Adm. Code 108.204(b). In his petition, Mr. Gill also alleges that he did not cause or allow
the alleged violations and that he has progressively attempted to remediate the site since he
acquired possession of the site in 2002.
See
35 Ill. Adm. Code 108.206. The Board accepts Mr.
Gill’s 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. 35 Ill. Adm. Code
108.300;
see also
415 ILCS 5/31.1(d)(2) (2002). By contesting the administrative citation, the
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.
Either respondent may withdraw its petition to contest the administrative citation at any
time before the Board enters its final decision. If either respondent chooses to withdraw its
petition, he must do so in writing, unless he does so orally at hearing.
See
35 Ill. Adm. Code
108.208. If either respondent withdraws his petition after the hearing starts, the Board will
require him 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(p)(1) or (p)(7), the
Board will impose civil penalties on the respondents. 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 each
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
