ILLINOIS POLLUTION CONTROL BOARD
    July 7, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JAMES STUTSMAN,
     
    Respondent.
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    AC 05-70
    (IEPA No. 145-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On May 23, 2005, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against James Stutsman.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
    Code 108.202(c). The Agency alleged that on April 1, 2005, James Stutsman violated Section
    21(p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7)
    (2004)). The Agency further alleges that James Stutsman violated this provision these provisions
    by causing or allowing the open dumping of waste in a manner that resulted in (1) litter and (2)
    deposition of general construction or demolition debris or clean construction or demolition debris
    at 8443 County Road 1100E, Bath, Mason County.
     
    As required, the Agency served the administrative citation on James Stutsman within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm.
    Code 108.202(b). On June 27, 2005, James Stutsman timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Because
    the postmark date of the petition is within the time for filing, the petition was timely filed. 35 Ill.
    Adm. Code 101.300(b)(2). James Stutsman alleges that he has disposed of all lumber and litter
    on the property and stacked all bricks and concrete blocks for future construction on 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) (2004). By contesting the administrative citation,
    James Stutsman may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)(4-5) (2004); 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.
     
    James Stutsman may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If James Stutsman chooses to withdraw his
    petition, he must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code
     
    2
    108.208. If James Stutsman withdraws his petition after the hearing starts, the Board will require
    James Stutsman 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) (2004); 35 Ill.
    Adm. Code 108.400. If the Board finds that James Stutsman violated Section 21(p)(1) or (p)(7),
    the Board will impose civil penalties on James Stutsman. 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) (2004); 35 Ill. Adm. Code 108.500. However, if the Board finds that James
    Stutsman “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) (2004);
    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 July 7, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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