ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
    OGLE COUNTY SOLID WASTE
    MANAGEMENT DEPARTMENT,
     
    Complainant,
     
    v.
     
    WAYNE L. FISHER and CHRISTINA C.
    FISHER,
     
    Respondents.
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    AC 06-31
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On March 27, 2006, the Ogle County Solid Waste Management Department timely filed
    an administrative citation against Wayne L. Fisher and Christina C. Fisher (respondents).
    See
     
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Ogle County Solid Waste
    Management Department alleges that on January 30, 2006 respondents 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)).
    1
    The Ogle County Solid Waste Management Department further alleges that
    respondents 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. The alleged violations occurred at
    a site located in Ogle County.
     
    As required, the Ogle County Solid Waste Management Department served the
    administrative citation on 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 May 3, 2006,
    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). 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). Respondents
    assert that they are contesting the administrative citation.
    See
    35 Ill. Adm. Code 108.206.
     
    The Board accepts the petition for hearing. But, the Board cannot accept this filing as a
    complete petition to contest the administrative citation and authorize a hearing pursuant to 35 Ill.
    Adm. Code 108.300 at this time. The petition is deficient in that it does not specify the grounds
    for appeal, as required by 35 Ill. Adm. Code 108.206.
    1
    The Ogle County Solid Waste Management Department further alleges violations of Sections
    9(a) and (c) and 21(a), (d), and (e) of the Act (415 ILCS 5/9(a) and (c) and 21(a), (d), and (e)
    (2004)), but Section 31.1 does not authorize the issuance of an administrative citation for those
    alleged violations.
     
    2
    The Board wishes to remind respondents that by contesting the administrative citation,
    respondents may have to pay the hearing costs of the Board and the Ogle County Solid Waste
    Management Department.
    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 Board directs respondents to amend their petition for review to include this
    information within 30 days from the date of this order, on or before June 19, 2006, or the Board
    will dismiss the petition and enter a default in this matter pursuant to 35 Ill. Adm. Code 108.406.
     
    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 18, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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