ILLINOIS POLLUTION CONTROL BOARD
    May 19, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHN R. MALLOCH,
     
    Respondent.
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    AC 05-63
    (IEPA No. 78-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On April 7, 2005, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against John R. Malloch.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that on March 2, 2005, John R. Malloch 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 R. Malloch 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 2572 County Road 600E, Dewey, Champaign County.
     
    As required, the Agency served the administrative citation on John R. Malloch 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 May 16, 2005, John R. Malloch timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). John R.
    Malloch alleges (1) that he burned and buried objects on the site “ years ago when it was legal”;
    (2) others may have disposed of burned waste on the site; and (3) any smoke at the time of the
    inspection was from brush he was burning.
    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, John
    R. Malloch 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’
    Adm. Code 504.
     
    John R. Malloch may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If John R. Malloch 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 R. Malloch withdraws his petition after the hearing starts, the Board will
     
    2
    require John R. Malloch 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 R. Malloch violated Section 21(p)(x), the
    Board will impose civil penalties on John R. Malloch. 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 R.
    Malloch “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 May 19, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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