ILLINOIS POLLUTION CONTROL BOARD
    December 2, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LEO AND DEBRA HARN,
     
    Respondents.
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    AC 05-33
    (IEPA No. 538-04-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
     
    On October 25, 2004, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Leo and Debra Harn (Harns).
    See
    415 ILCS 5/31.1(c)
    (2002); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns the
    Harns’ property located at 601 Osborn Street in Bushnell, McDonough County. For the reasons
    below, the Board accepts the Harns’ 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 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, 21(o),
    (p), 31.1(c), 42(b)(4), (4-5) (2002); 35 Ill. Adm. Code 108.
     
    In this case, the Agency alleges that the Harns violated Sections 21(p)(1) and (p)(7) of the
    Act (415 ILCS 5/21(p)(1), (p)(7) (2002)) by causing or allowing the open dumping of waste
    resulting in, respectively, litter and the deposition of general or clean construction or demolition
    debris at the Harns’ McDonough County property. The Agency asks the Board to impose a
    $3,000 civil penalty on the Harns.
     
    As required, the Agency served the administrative citation on the Harns within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm. Code
    101.300(c), 108.202(b). On November 19, 2004, the Harns timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 101.300(b),
    108.204(b). The Harns allege that they did not cause the violations to occur and that the
    violations were the result of
    See
    35 Ill. Adm. Code 108.206.
     
    The Board accepts the petition and 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; 415 ILCS 5/31.1(d)(2) (2002). By contesting the administrative
    citation, the Harns may have to pay the hearing costs of the Board and the Agency.
    See
    415
     
    2
    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 www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 504.
     
    The Harns may withdraw their petition to contest the administrative citation at any time
    before the Board enters its final decision. If the Harns 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 the
    Harns withdraw their petition after the hearing starts, the Board will require the Harns 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 Harns violated Section 21(p)(1) or (p)(7) of the
    Act, the Board will impose civil penalties on the Harns. The civil penalty for violating any
    provision of Section 21(p) is $1,500 for each violation of each such provision, except that the
    civil penalty amount is $3,000 for each violation of any provision of Section 21(p) that is the
    person’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 the Harns have “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 December 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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