ILLINOIS POLLUTION CONTROL BOARD
    October 19, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    DENNIS BALLINGER,
    Respondent.
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    AC 07-16
    (IEPA No. 253-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 18, 2006, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Dennis Ballinger.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that, on August 8, 2006, Dennis Ballinger violated
    Sections 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2004)) by the
    open dumping of waste in a manner that resulted in litter. The alleged violations occurred at a
    site located at 527 N. High Street, Paris, Edgar 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 October 12, 2006, the respondent filed a petition for review, alleging that
    he had sold the property in January 2006, and did not own it at the time of the August 2006
    inspection. 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, 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 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)
    2
    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 October 19, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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