ILLINOIS POLLUTION CONTROL BOARD

November 2, 2006

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

FRANCIS E. MORRIS,

Respondent.

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AC 07-12

(IEPA No. 183-06-AC)

(Administrative Citation)

ORDER OF THE BOARD (by N.J. Melas):

On August 31, 2006, the Illinois Environmental Protection Agency (Agency) timely filed

an administrative citation against Mr. Francis E. Morris.

See

415 ILCS 5/31.1(c) (2004); 35 Ill.

Adm. Code 108.202(c). The Agency alleges that Mr. Morris violated Sections 21(p)(1), (3), (4),

and (7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (3), (4), and (7)

(2004)). The Agency further alleges that Mr. Morris violated these provisions by causing or

allowing the open dumping of waste in a matter resulting in: (1) litter; (2) open burning; (3) the

deposition of waste in standing or flowing waters; and (4) the deposition of general or clean

construction or demolition debris at a facility located at 22595 Vineyard Road in Omaha,

Gallatin County. Today the Board denies Mr. Morris’ motion to dismiss and accepts the petition

for hearing.

As required, the Agency served the administrative citation on Mr. Morris 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 September 29, 2006, a timely filed a petition to contest the administrative

citation was filed by his agent, Mrs. Bertha Ann Morris, and counsel.

See

415 ILCS 5/31.1(d)

(2004); 35 Ill. Adm. Code 108.204(b). Mr. Morris alleges that he owns, but does not occupy or

control the facility.

See

35 Ill. Adm. Code 108.206.

MOTION TO DISMISS

Mr. Morris’ motion to dismiss states the Board should dismiss the administrative citation

because Mr. Morris, while the property owner, does not occupy the facility and did not commit

any of the acts described in the petition. The motion states Mr. Morris is 81 years old and suffers

from substantial physical disabilities.

Under the Board’s procedural rules, Mr. Morris’ motion was timely filed within 30 days

after he was served with the complaint. 35 Ill. Adm. Code 101.506. The Board’s procedural

rules also provide that the Board may issue an order granting a respondent’s motion to dismiss

and closing the docket if the administrative citation was not timely and properly served pursuant

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to Section 31.1 of the Act and Section 108.200 of the Board’s procedural rules. 35 Ill. Adm.

Code 108.402.

Mr. Morris does not challenge how the administrative citation was served, whether it was

timely, or that the materials as described in the Agency’s inspection report existed on the

property. Rather, Mr. Morris admits he owns, but does not possess, the facility. Because Mr.

Morris’ motion does not attack the sufficiency of the administrative citation, the Board denies

Mr. Morris’ motion to dismiss. The parties will be given the opportunity to raise this issue at

hearing.

ACCEPT FOR HEARING

The Board accepts the petition for review 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. 35 Ill. Adm. Code 108.300;

see also

415 ILCS 5/31.1(d)(2) (2004). By

contesting the administrative citation, Mr. Morris 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.

Mr. Morris may withdraw his petition to contest the administrative citation at any time

before the Board enters its final decision. If Mr. Morris 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 Mr.

Morris withdraws its petition after the hearing starts, the Board will require Mr. Morris to pay the

hearing costs of the Board and Mr. Morris.

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 Mr. Morris violated Sections 21(p)(1), (3), (4), and

(7) of the Act, the Board will impose civil penalties on Mr. Morris. 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 Mr. Morris “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 November 2, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board