ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LAKE WILDWIND PARK, L.L.C.,
     
    Respondent.
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    AC 06-56
    (IEPA No. 128-06-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    otection Agency (Agency) timely filed an
    administrative citation against Lake Wildwind Park, L.L.C. (Lake Wildwind Park).
    See
    415
    ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleges that on May 4, 2006,
    Lake Wildwind Park violated Section 21(p)(1) and (p)(3) of the Environmental Protection Act
    (Act) (415 ILCS 5/21(p)(1) and (p)(3) (2004)). The Agency further alleges that Lake Wildwind
    Park violated these provisions by causing or allowing the open dumping of waste in a manner
    that resulted in (1) litter; and (2) open burning. The alleged violations occurred at Lake
    Wildwind Mobile Home Park located at 120 Hollyhock Lane, Woodford County.
     
    As required, the Agency served the administrative citation on Lake Wildwind Park 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 27, 2006, Lake Wildwind Park timely filed a petition to contest
    the administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Lake
    Wildwind Park denies that its site is an open dump and states that it did not cause or allow any
    violations of the Act.
    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, Lake
    Wildwind Park 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.
     
    Lake Wildwind Park may withdraw its petition to contest the administrative citation at
    any time before the Board enters its final decision. If Lake Wildwind Park chooses to withdraw
    its petition, it must do so in writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If Lake Wildwind Park withdraws its petition after the hearing starts, the Board will
     
    2
    require Lake Wildwind Park 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 Lake Wildwind Park violated Section 21(p)(1) and
    (p)(3), the Board will impose civil penalties on Lake Wildwind Park. 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 Lake Wildwind Park “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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