ILLINOIS POLLUTION CONTROL BOARD
October 7, 2004
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOHN GROFF and ROBERT GROFF,
Respondents.
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AC 05-20
(IEPA No. 412-04-AC)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On August 30, 2004, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against John Groff and Robert Groff.
See
415 ILCS 5/31.1(c) (2002);
35 Ill. Adm. Code 108.202(c). The Agency alleges that on July 29, 2004 John Groff and Robert
Groff violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act (415
ILCS 5/21(p)(1), (p)(3), and (p)(7) (2002)). The Agency further alleges that John Groff and
Robert Groff 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 2503 Barton Road, Junction City,
Marion County.
As required, the Agency served the administrative citation on John Groff
1
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 October 4, 2004, John Gro
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
Adm. Code 101.300(b)(2). John Groff alleges (1) that the wood and tire were being used to burn
out a tree stump, and they were not waste; (2) the wood and tire were re
June 14, 2004 in response to an Agency letter received on June 7, 2004; and (3) his brother
Robert Groff has nothing to do with the property, which is John Groff’s house.
Code 108.206. The Board accepts John Groff’s 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, John
Groff 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.
1
The Agency has not yet submitted to the Board a proof of service on respondent Robert Groff.
2
John Groff may withdraw his petition to contest the administrative citation at any time
before the Board enters its final decision. If John Groff 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
John Groff withdraws his petition after the hearing starts, the Board will require John Groff 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 John Groff violated Section 21(p)(1), (p)(3), and
(p)(7), the Board will impose civil penalties on John Groff. 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 John
Groff “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
