ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    NORBERT and WILMA ADAMS,
     
    Respondents.
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    AC 07-2
    (IEPA No. 130-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
     
    On July 10, 2006, complainant, the Illinois Environmental Protection Agency (Agency),
    timely filed an administrative citation against respondents, Norbert and Wilma Adams
    (respondents).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 101.300(b), 108.202(c). The
    administrative citation concerns respondents’ property at the intersection of 900E and 1500N in
    Metamora Township, Metamora, Woodford County. For the reasons below, the Board accepts
    respondents’ 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 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, 21(o),
    (p), 31.1(c), 42(b)(4), (4-5) (2004); 35 Ill. Adm. Code 108.
     
    In this case, the Agency alleges that respondents violated Sections 21(p)(1) and (7) of the
    Act (415 ILCS 5/21(p)(1), (7) (2004)) by causing or allowing the open dumping of waste
    resulting in, respectively, litter and the deposition of general or clean construction or demolition
    debris. The Agency asks the Board to impose on respondents the statutory penalty of $1,500 for
    each of the two violations, totaling $3,000.
     
    As required, the Agency served the administrative citation within “60 days after the date
    of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm. Code 101.300(c),
    108.202(b). On August 11, 2006, respondents timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 101.300(b), 108.204(b).
    Respondents deny both that their property is an open dump and that they have violated the Act.
    See
    35 Ill. Adm. Code 108.206. Further, respondents allege that at the request of the Agency,
    they have “completely cleaned the subject property.” Petition at 1.
       
     
    2
    The Board accepts the petition and 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; 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 from the Clerk of the Board and on the Board’s Web site at www.ipcb.state.il.us.
    See
    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
    respondents withdraw 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 Sections 21(p)(1) and (7) as
    alleged, the Board will impose $3,000 in civil penalties on respondents. The civil penalty is
    $1,500 for each violation of each provision of Section 21(p).
    See
    415 ILCS 5/42(b)(4-5) (2004)
    (the penalty amount increases to $3,000 per violation for a respondent’s second or subsequent
    adjudicated violation of that provision); 35 Ill. Adm. Code 108.500. However, if the Board finds
    that respondents have “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 September 7, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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