ILLINOIS POLLUTION CONTROL BOARD
    July 6, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JERRY L. WATSON,
    Respondent.
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    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 (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.
    In an order dated May 18, 2006, the Board accepted the respondent’s letter as a timely-
    filed petition but stated the Board could not accept the filing as a complete petition to contest the
    administrative citation and authorize a hearing pursuant to 35 Ill. Adm. Code 108.300.
    Specifically, the Board in that order stated that 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 directed
    the respondent to amend his petition for review to include this information within 30 days from
    the date of that order, on or before June 19, 2006, or the Board would dismiss the petition and
    enter a default in this matter pursuant to 35 Ill. Adm. Code 108.406.
    On June 22, 2006, the Board received a document postmarked June 19, 2006 from the
    respondent. In that document, which the Board construes as an amended petition for review, the
    2
    respondent alleges that he did not cause or allow the alleged violation.
    See
    35 Ill. Adm. Code
    108.206. The Board accepts the amended 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, 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. 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.
    The respondent may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If the respondent chooses to withdraw its 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 Agency.
    See
    35 Ill Adm. Code
    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 the respondent violated Sections 21(p)(1) and (p)(7)
    of the Act (415 ILCS 5/21(p)(1) and (p)(7) (2004)), the Board will impose civil penalties on the
    respondent. 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 the 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 July 6, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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