ILLINOIS POLLUTION CONTROL BOARD
    December 1, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LYNDELL HEINZMANN,
     
    Respondent.
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    AC 06-13
    (IEPA No. 408-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On October 21, 2005, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Lyndell Heinzmann.
    See
    415 ILCS 5/31.1(c) (2004); 35
    Ill. Adm. Code 108.202(c). The Agency alleges that Heinzmann violated Sections 21(p)(1), 21
    (p)(2), and 21(p)(7) of the Environmental Protection Act (Act). 415 ILCS 5/21(p)(1), 21(p)(2),
    21(p)(7) (2004). The Agency further alleges that Heinzmann violated these provisions on
    September 15, 2005 by causing or allowing the open dumping of a waste in a manner resulting in
    litter, scavenging, and open burning at a facility located on Highway 51 west of the town of Iuka,
    Marion County.
     
    As required, the Agency served the administrative citation on Heinzmann on October 20,
    2005, 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 28, 2005, Heinzmann timely filed a petition
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code
    chased property in March 2005, it included a
    Heinzmann further alleges that he has been
    that he is not guilty of any violation under
    and that the amount of the fine imposed is
    violation for which he may be responsible.
    See
     
    epts 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,
    Heinzmann 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.
    See
    35 Ill.
    Adm. Code 108.504.
     
    Heinzmann may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Heinzmann chooses to withdraw his petition, he
     
    2
    must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    Heinzmann withdraws his petition after the hearing starts, the Board will require Heinzmann to
    pay the hearing costs of the Board and the Agency.
    See
    35 Ill. Adm. Code 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 Heinzmann violated Sections 21(p)(1), 21(p)(2), or
    21(p)(7), the Board will impose civil penalties on Heinzmann. The civil penalty is $1,500 for
    each violation of each provision of subsection (p) of Section 21 and $3,000 for each violation of
    any provision of subsection (p) that is a second or subsequent violation of that provision. 415
    ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500. However, if the Board finds that
    Heinzmann “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 December 1, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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