ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    PAUL FREEMAN and FREEMAN
    ENVIRONMENTAL SERVICES, INC.,
    Respondents.
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    AC 06-11
    (IEPA No. 350-05-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
    On October 6, 2005, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Paul Freeman and Freeman Environmental Services, Inc.
    (respondents).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency
    alleges that on August 15, 2005, respondents violated Section 21(p)(3) and (p)(7) of the
    Environmental Protection Act (415 ILCS 5/21(p)(3) and (p)(7) (2004)). The Agency further
    alleges that respondents violated these provisions by causing or allowing the open dumping of
    waste in a manner that resulted in (1) open burning; and (2) deposition of general construction or
    demolition debris or clean construction or demolition debris at 720 North Division Street,
    Carterville, Williamson County.
    As required, the Agency served the administrative citation on respondents 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 8, 2005, respondents timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b).
    Respondents alleges that (1) they did not cause of allow the alleged violations and (2) the
    violations resulted from 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,
    respondents 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.
    Respondents may withdraw their petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondents chooses to withdraw their petition, they
    must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
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    respondents withdraws their petition after the hearing starts, the Board will require respondents
    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 respondents violated Section 21(p)(3) and (p)(7),
    the Board will impose civil penalties on respondents. 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 respondents
    “[have] 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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