ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    C. JOHN BLICKHAN
     
    Respondent.
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    AC 05-15
    (IEPA No. 361-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On August 23, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against C. John Blickhan (respondent).
    See
    415 ILCS 5/31.1(c)
    (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that on June 24, 2004, Mr. Blickhan
    violated Section 21(p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS
    5/21(p)(1) and (p)(7) (2002)). The Agency further alleges that Mr. Blickhan violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in: (1)
    litter, and (2) deposition of general construction or demolition debris or clean construction or
    demolition debris at his facility, known as the Quincy/Blickhan Landfill, located at Lock and
    Dam Road, Quincy, Adams County. The Agency alleges the facility is an open dump operating
    without an operating permit.
     
    As required, the Agency served the administrative citation on Mr. Blickhan within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm.
    n timely filed a pet
    ition to contest the
    administrative citation, as Mr. Blickhan was served with the administrative citation by certified
    mail on August 16, 2004.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Mr.
    Blickhan alleges that there was no unlawful open dumping on property that he owns, and he did
    not own or operate all of the property on which the alleged violations occurred.
    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, Mr.
    Blickhan 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.
     
    Mr. Blickhan may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Mr. Blickhan chooses to withdraw his petition, he
     
    2
    must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Mr.
    Blickhan withdraws his petition after the hearing starts, the Board will require Mr. Blickhan 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 Mr. Blickhan violated Section 21(p)(1) and (p)(7)
    (2002), the Board will impose civil penalties on him. 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 Mr. Blickhan
    “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 October 7, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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