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