ILLINOIS POLLUTION CONTROL BOARD
    June 15, 2006
     
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
     
    Complainant,
     
    v.
     
    JOSE R. GONZALEZ,
     
    Respondent.
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    AC 06-40
    (CDOE No. 06-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 10, 2006, the City of Chicago Department of Environment (City) timely filed an
    administrative citation against Jose Gonzalez (respondent).
    See
    415 ILCS 5/31.1(c) (2004); 35
    Ill. Adm. Code 108.202(c). On June 2, 2006, the respondent filed a petition to review the
    administrative citation. For the reasons below, the Board accepts the respondent’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 City alleges that the respondent violated Sections 21(p)(1), (2), (3), (4) and (7) of the
    Act. 415 ILCS 5/21(p)(1), (2), (3), (4) and (7) (2004). According to the City’s administrative
    citation, the respondent violated this provision of the Act by causing or allowing the open
    dumping of waste resulting in litter, scavenging, and open burning; the deposition of waste in
    standing or flowing waters; and the deposition of construction or demolition debris at a site
    located at 1601-1759 East 130th Street, Chicago, Cook County. The City asks the Board to
    impose a $7,500 civil penalty on the respondent for the alleged violations.
     
    As required, the City served the administrative citation on the respondent 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 June 2, 2006, the respondent timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). The respondent states,
    inter alia
    , that he does not own the property cited in the citation, did not cause or allow the
    specific violations cited in the citation, that the violations were improperly alleged, that the
    violations were the result of uncontrollable circumstances, and that other individuals or entities
    were responsible for the violations. Pet. at 1-2. The Board accepts the petition for hearing.
     
    2
    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
    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 City.
    See
    415 ILCS
    5/42(b)(4-5) (2002); 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.
     
    The respondent may withdraw the petition to contest the administrative citation at any
    time before the Board enters its final decision. If the respondent 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 the respondent withdraws his petition after the hearing starts, the Board will require
    the respondent to pay the hearing costs of the Board and the City if the City prevails.
    See id.
    at
    108.500(c).
     
    The City 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 City 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 June 15, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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