ILLINOIS POLLUTION CONTROL BOARD
    July 6, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    MICHAEL GRUEN and JON ERIC GRUEN,
    d/b/a JON’S TREE SERVICE,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 06-49
    (IEPA No. 96-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 2, 2006 the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Michael Gruen and Jon Eric Gruen (respondents).
    See
    415 ILCS
    5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleges that on April 20, 2006
    respondents violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
    (2004)). The Agency further alleges that respondents violated this provision by causing or
    allowing the open dumping of waste in a manner that resulted in litter. The alleged violations
    occurred at a site located in the southwest quarter of Section 15, Township 7 north, Range 6 west
    of the Third Principal Meridian, Macoupin County.
    As required, the Agency 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 June 28, 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 allege that the materials pictured in the course of the
    Agency’s inspection were materials of value that were not waste.
    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,
    Respondents 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.
    Respondents may withdraw their petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondents choose to withdraw their petition, they
    must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If
    2
    respondents withdraws their petition after the hearing starts, the Board will require respondents
    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 respondents violated Section 21(p)(1), the Board
    will impose civil penalties on respondents. 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 respondents “ha[ve] 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 July 6, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top