ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    GUIFFRE II, LLC,
     
    Respondent.
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    AC 06-10
    (IEPA No. 351-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On October 6, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Guiffre II, LLC (Guiffre II).
    See
    415 ILCS 5/31.1(c) (2004);
    35 Ill. Adm. Code 108.202(c). The Agency alleges that on August 9, 2005, Guiffre II 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 Guiffre II 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 1165
    Prairie Hill Road, Rockton, Winnebago County.
     
    As required, the Agency served the administrative citation on Guiffre II 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 November 10, 2005, Guiffre II timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Guiffre
    II alleges alternatively (1) that it did not cause or allow the alleged violations, or the allegations
    do not constitute a violation of the Act, and (2) that the alleged violations were the result of
    uncontrollable circumstances.
    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,
    Guiffre II 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.
     
    Guiffre II may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If Guiffre II chooses to withdraw its petition, it he she
    must do so in writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
     
    2
    Guiffre II withdraws its petition after the hearing starts, the Board will require Guiffre II 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 Guiffre II violated Section 21(p)(1) and (p)(7), the
    Board will impose civil penalties on Guiffre II. 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 Guiffre II “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 November 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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