ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHNNY KEMPER d/b/a KEMPER TREE
    SERVICE, and JOHNNY KEMPER,
     
    Respondent.
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    AC 06-33
    (IEPA No. 61-06-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 3, 2006, the Illinois Environmental Protection Agency (the Agency) timely filed
    an administrative citation against Johnny Kemper.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that on March 1, 2006, Johnny Kemper violated
    Provisions Section 21(p)(1) and (p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
    and (p)(3) (2004)). The Agency further alleges that Johnny Kemper violated these provisions by
    causing or allowing the open dumping of waste in a manner that resulted in (1) litter and (2) open
    burning. The alleged violations occurred at a site located in the southeast quarter of Section 35,
    Tract 14, Range 12 West in the Township of Paris, in Edgar County.
     
    As required, the Agency served the administrative citation on Johnny Kemper 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 8, 2006, Johnny Kemper 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). Johnny Kemper alleges that the alleged violations were the result of
    uncontrollable circumstances.
    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,
    Johnny Kemper 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.
     
    Johnny Kemper may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If Johnny Kemper chooses to withdraw his
    petition, he must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code
     
    2
    108.208. If Johnny Kemper withdraws his petition after the hearing starts, the Board will require
    Johnny Kemper 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 Johnny Kemper violated Section 21(p)(1) and
    (p)(3), the Board will impose civil penalties on Johnny Kemper. 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 Johnny
    Kemper “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 18, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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