ILLINOIS POLLUTION CONTROL BOARD
    May 4, 2006
     
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    DAVID SKIDMORE,
     
    Respondent.
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    AC 06-32
    (Jackson County Site Code 0778005012)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 31, 2006, the County of Jackson (County) timely filed an administrative
    citation against David Skidmore (Skidmore).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
    108.202(c). On April 25, 2006, Skidmore filed a petition to review the administrative citation.
    For the reasons below, the Board accepts Skidmore’s petition to contest the administrative
    citation.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), an administrative
    citation is an expedited enforcement action brought before the Board seeking civil penalties that
    are fixed by statute. Administrative citations may be filed only by the Illinois Environmental
    Protection Agency (Agency) or, if the Agency has delegated the authority, by a unit of local
    government, and only for limited types of alleged violations at sanitary landfills or unpermitted
    open dumps.
    See
    415 ILCS 5/3.305, 3.445, 4(r), 21(o), (p), 31.1, 42(b)(4), (4-5) (2004); 35 Ill.
    Adm. Code 108.
     
    The County alleges that Skidmore violated Sections 21(p)(1), (3) and (7) of the Act.
    See
     
    415 ILCS 5/21(p)(1), (3) and (7) (2004). According to the County’s administrative citation,
    Skidmore violated these provisions of the Act by causing or allowing the open dumping of waste
    resulting in litter, open burning, and the deposition of construction or demolition debris at a
    facility located in Jackson County at 37.89960 degrees latitude and –89.51298 degrees longitude
    (site). The County asks the Board to impose a $4,500 civil penalty on Skidmore for the alleged
    violations.
     
    As required, the County served the administrative citation on Skidmore 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 April 25, 2006, Skidmore timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Skidmore argues that
    he does not own the material in question; that he did not set the fires at the site; and that the site
    has been sold and is now clean. Petition at 2-6. 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.
    See
    35 Ill. Adm. Code
     
    2
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2004). By contesting the administrative citation, the
    respondent may have to pay the hearing costs of the Board and the County.
    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 from the Clerk of the Board and on the Board’s Web site at www.ipcb.state.il.us.
    See
     
    35 Ill. Adm. Code 108.504.
     
    Skidmore may withdraw the petition to contest the administrative citation at any time
    before the Board enters its final decision. If Skidmore 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
    Skidmore withdraws his petition after the hearing starts, the Board will require him to pay the
    hearing costs of the Board and the County if the County prevails.
    See id.
    at 108.500(c).
     
    The County 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 County proved that the respondent violated
    Section 21(p)(7), the Board will impose civil penalties on the respondent. The civil penalty for
    violating any provision of Section 21(p) is $1,500 for each violation of each such provision,
    except that the penalty amount imposed will be $3,000 for each violation of any provision of
    Section 21(p) that is a respondent’s second or subsequent adjudicated violation of that provision.
    See
    415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500. However, if the Board finds that
    a 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 May 4, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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