ILLINOIS POLLUTION CONTROL BOARD
    March 15, 2007
    COUNTY OF JACKSON
    Complainant,
    v.
    BOB OSINGA,
    Respondent.
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    AC 07-43
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 14, 2007, the County of Jackson (County) timely filed an administrative
    citation against Bob Osinga (Osinga).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
    108.202(c). The administrative citation concerns a site commonly known to the Illinois
    Environmental Protection Agency (Agency) as “Murphysboro/Bob Osinga,” designated with Site
    Code No., 0778105047, and located in Jackson County. For the reasons below, the Board
    accepts Osinga’s 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 County alleges that Osinga violated Sections 21(p)(1) and (p)(7) of the
    Act by causing or allowing the open dumping of waste in a manner resulting in litter and the
    deposition of general or clean construction or demolition debris.
    See
    415 ILCS 5/21(p)(1), (p)(7)
    (2004). The County asks the Board to impose on Osinga a $1,500 civil penalty for each of the
    two alleged violations, for a total civil penalty of $3,000.
    As required, the County served the administrative citation on Osinga 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 March 12, 2007, Osinga timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Osinga alleges that he
    is “not open dumping or operating a waste-storage[,] waste treatment or waste disposal
    operation” and that he is “not operating a landfill.”
    See
    35 Ill. Adm. Code 108.206.
    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, Osinga may have to pay the hearing costs of the Board and the County.
    See
    415 ILCS
    2
    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.
    Osinga may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Osinga 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 Osinga
    withdraws his petition after the hearing starts, the Board will require Osinga to pay the hearing
    costs of the Board and the County.
    See id.
    at 108.500(c).
    The County 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 Osinga violated Section 21(p)(1) or (p)(7) of the
    Act, the Board will impose civil penalties on Osinga. The civil penalty for violating any
    provision of subsection (p) of Section 21 is $1,500 for each violation, except that the penalty
    amount is $3,000 for each violation that is the person’s second or subsequent adjudicated
    violation of that provision.
    See
    415 ILCS 5/42(b)(4-5) (2004); 35 Ill. Adm. Code 108.500(a).
    However, if the Board finds that Osinga “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 March 15, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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