ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2007
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    CLINTON D. AND RUTH H. JORDAN,
    Respondents.
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    AC 07-63
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On May 25, 2007, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation against Clinton D. and Ruth H. Jordan (respondents).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns a site
    commonly known as “Pittsburg/Jordan” designated with Site code No. 1998595010, and located
    in Marion, Williamson County. For the reasons below, the Board accepts the respondents’
    petition to contest the administrative citation.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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) (2006); 35 Ill. Adm. Code 108.
    In this case, the Agency alleges that respondents violated Sections 21(p)(1), (p)(3), and
    (p)(7) of the Act (415 ILCS 5/21(p)(1), (3), and (7) (2006)) by causing or allowing the open
    dumping of waste in a manner resulting in litter, open burning, and deposition of general
    construction or demolition debris or clean construction of demolition debris. The Agency asks
    the Board to impose a $4,500 civil penalty on respondents.
    To contest an administrative citation, a respondent must file a petition with the Board no
    later than 35 days after being served with the administrative citation. If a respondent fails to do
    so, the Board must find that the respondent committed the violation alleged and impose the
    corresponding civil penalty.
    See
    415 ILCS 31.1(d)(1) (2006); 35 Ill. Adm. Code 108.204(b),
    108.406. Here, respondents were served with the administrative citation on May 25, 2007. The
    Board received respondents’ petition on June 18, 2007. The petition was timely filed within the
    35-day appeal period.
    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
    2
    108.300; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative citation, respondents
    may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS 5/42(b)(4-5)
    (2006); 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.
    Respondents may withdraw their petition to contest the administrative citations at any
    time before the Board enters its final decision. If respondents choose to withdraw their petition,
    they must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code 108.208.
    If respondents withdraw their petition after the hearing starts, the Board will require respondents
    to pay the hearing costs of the Board and the Agency.
    See id.
    at 108.500(c).
    As indicated above, 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 respondents have
    violated Section 21(p)(1) or (p)(3), the Board will impose civil penalties on respondents. 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 respondents have “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

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