ILLINOIS POLLUTION CONTROL BOARD
    July 7, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    GARY CLOVER d/b/a CLOVER
    CONCRETE,
     
    Respondent.
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    AC 05-72
    (IEPA No. 144-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 23, 2005, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Gary Clover (Clover), doing business as Clover Concrete.
    See
     
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleged that on
    March 31, 2005, Clover violated Section 21(p)(1), (p)(3), and (p)(4) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), and (p)(4) (2004)). The Agency further
    alleges that Clover 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 waste in standing or
    flowing waters at 11704 North Route 37, Marion, Williamson County.
     
    As required, the Agency served the administrative citation on Clover within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm. Code
    a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). Clover alleges that (1)
    he is not the Clover responsible for the prior violations in Jackson County that were involved in
    County of Jackson v. Gary Clover, AC 04-37 (Mar. 18, 2004); (2) he burned brush and not
    waste, and that burning was with permission of the local fire department; (3) there was no water
    in the burn pit, as alleged by the Agency; (4) he allowed a neighboring landowner to dig a trench
    to facilitate drainage of his adjoining property; and (5) he is filling a large pit on the property that
    was existing when he bought it to keep four-wheelers from getting hurt using it.
    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,
    Clover 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.
     
     
    2
    Clover may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Clover 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 Clover
    withdraws his petition after the hearing starts, the Board will require Clover 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 Clover violated Section 21(p)(1), (p)(3), and (p)(4),
    the Board will impose civil penalties on Clover. 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 Clover “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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