ILLINOIS POLLUTION CONTROL BOARD
    May 4, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    RICK LINNABURY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 06-30
    (IEPA No. 44-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 14, 2006, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Rick Linnabury.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that on February 2, 2006 Rick Linnabury violated Section
    21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7)
    (2004)). The Agency further alleges that Rick Linnabury violated these provisions by causing or
    allowing the open dumping of waste in a manner that resulted in (1) litter and (2) deposition of
    general construction or demolition debris or clean construction or demolition debris. The alleged
    violations occurred at a site located at 708 North Broadway Street, Newman, Douglas County.
    As required, the Agency served the administrative citation on Rick Linnabury 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 27, 2006, Rick Linnabury timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Because
    the postmark date of the petition is within the time for filing, the petition was timely filed. 35 Ill.
    Adm. Code 101.300(b)(2). Rick Linnabury alleges that he did not cause or allow the alleged
    violations to occur.
    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, Rick
    Linnabury 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.
    Rick Linnabury may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If Rick Linnabury 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 Rick Linnabury withdraws his petition after the hearing starts, the Board will require
    Rick Linnabury to pay the hearing costs of the Board and the Agency.
    See id.
    at 108.500(c).
    2
    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 Rick Linnabury violated Section 21(p)(1) and
    (p)(7), the Board will impose civil penalties on Rick Linnabury. 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 Rick
    Linnabury “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

    Back to top