ILLINOIS POLLUTION CONTROL BOARD
    June 2, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    TIMOTHY PEARCE,
     
    Respondents.
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    AC 05-61
    (IEPA No. 59-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    Protection Agency (Agency) timely filed
    an administrative citation against Timothy Pearce (respondent).
    See
    415 ILCS 5/31.1(c) (2002);
    35 Ill. Adm. Code 108.202(c). On May 19, 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 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 Agency alleges that the respondent violated Sections 21(p)(7) of the Act. 415 ILCS
    5/21(p)(7) (2002). According to the Agency’s administrative citation, the respondent violated
    this provision of the Act by causing or allowing the open dumping of waste resulting in
    deposition of construction or demolition debris at a facility located at 241 North Willow Road,
    Flora in Clay County (site). The Agency asks the Board to impose a $1,500 civil penalty on the
    respondent for the alleged violation.
     
    As required, the Agency served the administrative citation on the respondent 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 19, 2005, the respondent timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The
    respondent states that he did not cause or allow the open dumping of waste, that any materials
    observed at the site were not waste, and that any materials observed at the site did not constitute
    deposition of construction or demolition debris. Petition at 1. The Board accepts the petition for
    hearing.
     
     
    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 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 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 his petition after the hearing starts, the Board will require
    the respondent to pay the hearing costs of the Board and the Agency if the Agency prevails.
    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 Agency proved that the respondent violated
    Section 21(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 June 2, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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