ILLINOIS POLLUTION CONTROL BOARD
    November 16, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    C. JOHN BLICKHAN,
    Respondent.
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    AC 07-24
    (IEPA No. 304-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G. T. Girard):
    On October 20, 2006, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against C. John Blickhan.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that the respondent violated Sections 21(p)(1),
    (p)(3), and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), and
    (p)(7) (2004)). The Agency further alleges that the respondent violated these provisions by
    causing or allowing the open dumping of waste resulting in litter, open burning, and the
    deposition of general construction or demolition debris or clean construction or demolition debris
    at a facility located at Lock and Dam Road, Quincy, Adams County.
    As required, the Agency served the administrative citation on the respondent 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 November 9, 2006, the respondent timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). The
    respondent alleges that the facility has never been operated as an open dump, that he has not and
    has not allowed others to litter the facility; that he has not allowed open burning at the facility,
    and that the Agency improperly issued the citation to him because leaseholders have possession
    of the facility.
    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, the
    repsondent may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS
    5/42(b)(4) (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 his
    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
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    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) (2000); 35 Ill.
    Adm. Code 108.400. If the Board finds that the respondent violated Sections 21(p)(1), (p)(3),
    and (p)(7), the Board will impose civil penalties on the respondent. The civil penalty for
    violating Section 21(p) is $1,500 for each violation of each subsection for a first offense and
    $3,000 for a each violation of each subsection for a second or subsequent offense. 415 ILCS
    5/42(b)(4) (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 November 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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