ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DAVID and SHELBY HILL and N.E. FINCH
    CO.,
     
    Respondents.
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    AC 05-19
    (IEPA No. 359-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 26, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against David and Shelby Hill and N.E. Finch Co. (respondents).
    See
     
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that on June 29,
    2004 the respondents violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2002)). The Agency further
    alleges that the respondents violated these provisions by causing or allowing the open dumping
    of waste in a manner that resulted in (1) litter; (2) open burning; and (3) deposition of general
    construction or demolition debris or clean construction or demolition debris at St. David, Fulton
    County.
     
    As required, the Agency served the administrative citation on the 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 September 24, 2004, David and Shelby Hill (Hills) timely filed a petition
    to contest the administrative citation. N.E. Finch Co. filed a separate petition the same day.
    See
     
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The Hills allege that (1) they did not
    cause the violations of Sections (p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1) and (p)(3)
    (2002)); (2) the Hills have taken all corrective actions requested by the Agency; and (3) the
    administrative citation was improperly issued and should be dismissed. N.E. Finch Co. alleges
    that (1) it does not own the property on which the alleged violations occurred; (2) it did not cause
    the violations of Sections (p)(2) of the Act (415 ILCS 5/21(p)(2) (2002)); (3) N.E. Finch Co. has
    taken all corrective actions requested by the Agency; and (4) the administrative citation was
    improperly issued and should be dismissed.
    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, 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
     
    2
    available at the Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill.
    Adm. Code 504.
     
    The respondents may withdraw their petitions to contest the administrative citation at any
    time before the Board enters its final decision. If the respondents choose to withdraw their
    petitions, they must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If the respondents withdraw their petitions after the hearing starts, the Board will
    require the 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 the respondents violated Section 21(p)(1), (p)(3),
    and (p)(7) (2002), 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 the respondents “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 a
    lso
    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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