ILLINOIS POLLUTION CONTROL BOARD
    December 15, 2005
     
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    ROCKY LEE MORSE,
     
    Respondent.
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    AC 06-14
    (Site Code 0770405015)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On October 27, 2005, the County of Jackson timely filed an administrative citation
    against Rocky Lee Morse.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The
    County of Jackson alleges that on September 8, 2005, Rocky Lee Morse violated Section
    21(p)(1), (p)(3) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) and
    (p)(7) (2004)). The County of Jackson further alleges that Rocky Lee Morse violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in (1)
    litter; (2) open burning; and (3) deposition of general construction or demolition debris or clean
    construction or demolition debris at the Grand Tower/Rocky Lee Morse site in Jackson County.
     
    As required, the County of Jackson served the administrative citation on Rocky Lee
    Morse 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 30, 2005, Rocky Lee Morse timely filed a
    petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code
    108.204(b). Rocky Lee Morse does not assert his basis for challenging 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,
    Rocky Lee Morse 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.
     
    Rocky Lee Morse may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If Rocky Lee Morse 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 Rocky Lee Morse withdraws his petition after the hearing starts, the Board will
    require Rocky Lee Morse 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 Rocky Lee Morse violated Section
    21(p)(1), (p)(3) and (p)(7), the Board will impose civil penalties on Rocky Lee Morse. 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 Rocky Lee Morse “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 15, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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