ILLINOIS POLLUTION CONTROL BOARD
    March 17, 2005
     
    COUNTY OF SANGAMON,
     
    Complainant,
     
    v.
     
    PATRICK O’KEEFE,
     
    Respondent.
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    AC 05-51
    (SCDPH No. 05-AC-1)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 1, 2005, the County of Sangamon (County) timely filed an administrative
    citation against Patrick O’Keefe (respondent).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
    Code 108.202(c). On March 7, 2005, the respondent filed a petition to review the administrative
    citation. For the reasons below, the Board accepts the respondent’s 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 Illinois Environmental
    Protection Agency (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, 4(r), 21(o), (p), 31.1, 42(b)(4), (4-5) (2002); 35 Ill.
    Adm. Code 108.
     
    The County alleges that the respondent violated Sections 21(p)(3) and (7) of the Act. 415
    ILCS 5/21(p)(3), (7) (2002). According to the County’s administrative citation, the respondent
    violated these provisions of the Act by causing or allowing the open dumping of waste resulting
    in open burning and deposition of construction or demolition debris at 11458 Main Street,
    Glenarm, Sangamon County (site)
     
    The County alleges that the respondent violated Sections 21(p)(3) and (7) of the Act. 415
    ILCS 5/21(p)(3), (7) (2002). According to the County’s administrative citation, the respondent
    violated these provisions of the Act by causing or allowing the open dumping of waste resulting
    in open burning and deposition of construction or demolition debris at 11458 Main Street,
    Glenarm, Sangamon County (site). The County asks the Board to impose a $3,000 civil penalty
    on respondent for the alleged violations.
     
    As required, the County served the administrative citation on 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 March 4, 2005 the respondent timely filed a petition to contest the
    administrative citation.
    See
      
     
    2
    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.
    See
    35 Ill. Adm
    . Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2002). By contesting the administrative citation, the
    respondent may have to pay the hearing costs of the Board and the County.
    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 from the Clerk of the Board and on the Board’s Web site at www.ipcb.state.il.us.
    See
     
    35 Ill. Adm. Code 108.504.
     
    The respondent may withdraw the petition to contest the administrative citation at any
    time before the Board enters its final decision. If the respondent chooses to withdraw the
    petition, he must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If the respondent withdraws the petition after the hearing starts, the Board will require
    respondent to pay the hearing costs of the Board and the County if the County prevails.
    See id.
     
    at 108.500(c).
     
    The County 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 respondent violated Sections 21(p)(3) and
    (p)(7), the Board will impose civil penalties on the respondent. The civil penalty for violating
    any provision of Section 21(p) is $1,500 for each violation of each such provision, except that
    the penalty amount imposed will be $3,000 for each violation of any provision of Section 21(p)
    that is a respondent’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 a
    respondent “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 17, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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