ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JERRY L. WATSON,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 06-35
    (IEPA No. 70-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
    On April 3, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Jerry L. Watson.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that, on March 2, 2006, Jerry L. Watson violated Sections
    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 Jerry L. Watson 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 8980 Crenshaw Road in rural Energy, Williamson County.
    As required, the Agency served the administrative citation on Jerry L. Watson 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, the respondent sent a letter to Special Assistant Attorney
    General Michelle M. Ryan. In that letter, the respondent alleges that he has performed some
    cleanup work at the site, that he was unaware that further work was required, and that some of
    the pictured items are not waste but stored usable materials and items. Also in that letter, the
    respondent requested additional time, until March 2007, to remove the remaining materials at the
    site.
    See
    35 Ill. Adm. Code 108.206.
    The Board accepts the respondent’s letter as a timely-filed petition, but the Board cannot
    now accept this filing as a complete petition to contest the administrative citation and authorize a
    hearing pursuant to 35 Ill. Adm. Code 108.300. The petition is deficient in that it does not
    clearly specify the grounds for appeal, as required by 35 Ill. Adm. Code 108.206. The Board
    directs the respondent to amend his 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. The Board also wishes to
    remind the respondents that, by contesting the administrative citation, the respondent 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, 108.502, 108.504. 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
    108.504.

    2
    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

    Back to top