ILLINOIS POLLUTION CONTROL BOARD
January 5, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
REX D. EVANS AND ROY W. EVANS, JR.,
Respondents.
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AC 06-16
AC 06-17
(IEPA No. 442-05-AC)
(IEPA No. 443-05-AC)
(Administrative Citation)
(Consolidated)
ORDER OF THE BOARD (by N.J. Melas):
On November 14, 2005, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Mr. Rex D. Evans and Mr. Roy W. Evans, Jr.
(collectively, the respondents).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c).
The Agency alleges that the respondents violated Section 21(p)(1) and (7) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (7) (2004)). The Agency further alleges that the
respondents violated these provisions by operating an unpermitted open dump, resulting in litter
and the deposition of general or clean construction or demolition debris, at their property located
in Murrayville, Morgan County.
Also on November 14, 2005, the Agency timely filed a second administrative citation
against the respondents, docketed as IEPA v. Mr. Rex D. Evans and Mr. Roy W. Evans, Jr., (AC
06-17). In AC 06-27, the Agency alleges on violation of Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2004)). The Agency alleges that the respondents violated this provision by operating
an unpermitted open dump, resulting in litter, at their property located in Murrayville, Morgan
County. Today the Board accepts both petitions and consolidates them for hearing.
As required, the Agency served the administrative citation on the 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 December 14, 2005, the 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). The
respondents allege that the Agency “mistakenly characterizes the Respondents’ facility as two
separate facilities” when the two facilities are really only one. The respondents further allege
that some of the violations alleged are the result of uncontrollable circumstances, and that the
deposition of fly ash on respondents’ property was done only after obtaining approval from the
Agency.
See
35 Ill. Adm. Code 108.206.
The respondents request that the Board consolidate the alleged violations into one
administrative citation and reduce the applicable penalties accordingly. On January 3, 2006, the
Agency responded to the motion to consolidate. The Agency does not object to consolidation,
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finding that it would be in the interest of convenient, expeditious, and complete determination of
the claims. The Agency disputes, however, the respondents’ claim that the two cases apply to a
single facility.
The Board accepts the petitions for hearing. Pursuant to Board rules, the Board will
consolidate proceedings if consolidation is in the interest of convenient, expeditious and
complete determination of claims, and if the consolidation would not cause material prejudice to
any party. 35 Ill. Adm. Code 101.406. The Board finds that consolidation of AC 06-16 and AC
06-17 will not materially prejudice any party, and will assist in the expeditious and complete
determination of the claims before us. As reflected in the caption above, the Board grants the
respondents’ motion to consolidate these administrative citations for hearing, but not necessarily
for decision. The Board does not, however, dismiss any alleged violations or consolidate the
alleged violations into
one
administrative citation at this time.
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, the
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.
The respondents may withdraw its petition to contest the administrative citation at any
time before the Board enters its final decision. If either respondent chooses to withdraw the
petition, he must do so in writing, unless he does so orally at hearing.
See
35 Ill. Adm. Code
108.208. If the respondents withdraw the petition after the hearing starts, the Board will require
the 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 the respondents violated Sections 21(p)(1) and (7),
the Board will impose civil penalties on the 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 either
respondent “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 January 5, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
