ILLINOIS POLLUTION CONTROL BOARD
    July 7, 2005
     
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    GARY CLOVER,
     
    Respondent.
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    AC 05-76
    (County Site Code 077 810 5010)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On June 3, 2005, the County of Jackson timely filed an administrative citation against
    Gary Clover.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
    Jackson alleges that on April 18, 2005, Gary Clover violated Section 21(p)(1) and (p)(7) of the
    Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7) (2004)). The County of Jackson
    further alleges that Gary Clover violated 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 1336 Hoffman
    Road, Murphysboro, Jackson County.
     
    As required, the County of Jackson served the administrative citation on Gary Clover
    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 24, 2005, Gary Clover timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Gary
    Clover asserts no basis for his petition to review the administrative citation.
    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, Gary
    Clover may have to pay the hearing costs of the Board and the County of Jackson.
    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.
     
    Gary Clover may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Gary 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
    Gary Clover withdraws his petition after the hearing starts, the Board will require Gary Clover to
    pay the hearing costs of the Board and the County of Jackson.
    See id.
    at 108.500(c).
     
     
    2
    The County of Jackson 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 Gary Clover violated Section
    21(p)(1) and (p)(7), the Board will impose civil penalties on Gary 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) (2004); 35 Ill. Adm. Code 108.500. However, if the Board finds
    that Gary 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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