ILLINOIS POLLUTION CONTROL BOARD
June 21, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MARK GATES,
Respondent.
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AC 06-50
(IEPA No. 98-06-AC)
(Administrative Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On June 2, 2006, the Illinois Environmental Protection Agency (Agency) timely filed an
administrative citation against Marla Lewis Gates, Mark Gates, and Mark Kingsley Lewis.
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns
a property commonly known to the Agency as “Lincoln/Lewis” and designated with Site Code
No. 1078075001.
The Board dismissed the citation as to respondents Marla Lewis Gates and Mark
Kingsley Lewis by order of October 19, 2006.
See
IEPA v. Gates, AC 06-50 (Oct. 19, 2006).
The administrative citation alleges that Mark Gates, as the sole remaining respondent, violated
Sections 21(p)(1) and (7) of the Act. 415 ILCS 5/21(p)(1) and (7) (2006). According to the
Agency, Mark Gates violated these provisions of the Act by causing or allowing the open
dumping of waste, resulting in litter and the deposition of construction or demolition debris at a
site located in part of the west 1/2 of the southwest 1/4 of Section 8 in Township 21 North and
Range 2 West of the 3rd Principal Meridian in Logan County.
On May 29, 2007, respondent Mark Gates filed an amended petition for review of the
administrative citation, consistent with various Board orders.
See
IEPA v. Gates, AC 06-50
(Aug. 4, 2006), (Dec. 21, 2006), and (Mar. 15, 2007). As the amended petition states the basis
for the appeal, as ordered, 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.
See
35 Ill. Adm. Code
108.300; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative citation, 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 from
the Clerk of the Board and on the Board’s Web site at www.ipcb.state.il.us.
See
35 Ill. Adm.
Code 108.504.
Mark Gates may withdraw the petition to contest the administrative citation at any time
before the Board enters its final decision. If Mark Gates chooses to withdraw the petition, he
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must do so in writing, unless he does so orally at hearing.
See
35 Ill. Adm. Code 108.208. If
Mark Gates withdraws the petition after the hearing starts, the Board will require respondent 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) (2006); 35 Ill.
Adm. Code 108.400. If the Board finds that respondent has violated Section 21(p)(1) or (p)(7),
the Board will impose civil penalties on respondent. 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) (2006); 35 Ill. Adm. Code 108.500(a).
However, if the Board finds that 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) (2006);
see also
35 Ill. Adm.
Code 108.500(b).
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on June 21, 2007, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board