ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ROBERT DANIEL SPEARS,
     
    Respondent.
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    AC 05-52
    (IEPA No. 9-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On February 3, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Robert Daniel Spears.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that on December 15, 2004, Robert Daniel Spears
    violated Section 21(p)(1) and (p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
    and (p)(3) (2002)). The Agency further alleges that Robert Daniel Spears violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in (1)
    litter and (2) open burning at 4791 U.S. Highway 67, Beardstown, Cass County.
     
    As required, the Agency served the administrative citation on Robert Daniel Spears
    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 February 24, 2005, Robert Daniel Spears timely filed a petition
    to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code
    108.204(b). Robert Daniel Spears alleges that he vacated the property on November 6, 2004,
    when his ex-wife took over and occupied the property.
    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,
    Robert Daniel Spears 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.
     
    Robert Daniel Spears may withdraw his petition to contest the administrative citation at
    any time before the Board enters its final decision. If Robert Daniel Spears 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 Robert Daniel Spears withdraws his petition after the hearing starts, the Board will
    require Robert Daniel Spears to pay the hearing costs of the Board and the Agency.
    See id.
    at
    108.500(c).
     
    2
     
    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 Robert Daniel Spears violated Section 21(p)(1) and
    Section 21(p)(3), the Board will impose civil penalties on Robert Daniel Spears. 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 Robert Daniel Spears “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 March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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