ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2006
    COUNTY OF OGLE,
    Complainant,
    v.
    GEORGE C. HEAL,
    Respondent.
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    AC 06-53
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 16, 2006, the County of Ogle timely filed an administrative citation against
    George C. Heal.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
    Ogle alleges that on April 21, 2006, George C. Heal violated Section 21(p)(3) and (p)(7) of the
    Environmental Protection Act (415 ILCS 5/21(p)(3) and (p)(7) (2004)). The County of Ogle
    further alleges that George C. Heal violated these provisions by causing or allowing the open
    dumping of waste in a manner that resulted in (1) open burning; and (2) deposition of general
    construction or demolition debris or clean construction or demolition debris. The alleged
    violations occurred in Ogle County.
    As required, the County of Ogle served the administrative citation on George C. Heal
    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 July 25, 2006, George C. Heal 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). George C. Heal alleges that (1) he was out of town at
    the time the administrative citation was served, and the person who signed for the certified mail
    was unauthorized to sign for mail; (2) the debris has been cleaned up since the time of the
    inspection that gave rise to the administrative citation; and (3) he was unaware that burning the
    torn-down barn was unlawful.
    See
    35 Ill. Adm. Code 108.206.
    The Board accepts the petition for hearing. But, in the interests of administrative
    economy, the Board directs the hearing officer to postpone scheduling of hearing. The Board
    directs the County of Ogle to address the issue of adequacy of service of the administrative
    citation on George C. Heal. The County of Ogle must file an appropriate document with the
    Board no later than August 25, 2006 that addresses this issue. Mr. Heal may file a response, if
    he chooses to do so, on or before September 8, 2006.
    The Board directs the hearing officer to proceed expeditiously to hearing, once the
    service issue has been resolved. 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, George C. Heal may have to pay the hearing costs of the
    2
    Board and the County of Ogle.
    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.
    George C. Heal may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If George C. Heal chooses to withdraw his
    petition, he must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If George C. Heal withdraws his petition after the hearing starts, the Board will require
    George C. Heal to pay the hearing costs of the Board and the County of Ogle.
    See id.
    at
    108.500(c).
    The County of Ogle 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 George C. Heal violated Section
    21(p)(3) and (p)(7), the Board will impose civil penalties on George C. Heal. 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 George C. Heal “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 August 4, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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