ILLINOIS POLLUTION CONTROL BOARD
    July 12, 2007
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JOHN A. & KAY E. OLDHAM,
    Respondents.
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    AC 07-62
    (IEPA No. 156-07-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
    On May 25, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against John A. and Kay E. Oldham (respondents).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns a site
    commonly known to the Agency as “Xenia/Oldham, John A. & Kay E.,” designated with Site
    Code No. 0258070001, and located at 693 Oskaloosa Road, in rural Xenia, Clay County. For the
    reasons below, the Board accepts 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) 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)
    (2006). The Agency asks the Board to impose on respondents a $1,500 civil penalty for each of
    the two alleged violations, for a total civil penalty of $3,000.
    As required, the Agency served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);
    see also
    35 Ill. Adm.
    Code 108.202(b). On June 27, 2007, respondents timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code 108.204(b).
    Respondents deny that their property “is an open dump requiring an Agency operating permit.”
    Petition at 1. Respondents further deny that they caused or allowed the alleged open dumping,
    “which, if such occurred as alleged, was a result of uncontrollable circumstances.”
    Id
    . at 2,
    citing 35 Ill. Adm. Code 108.209(b), (d).
    2
    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) (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 108.504.
    Respondents may withdraw their petition to contest the administrative citation 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).
    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 violated Section 21(p)(1) or (p)(7) of
    the Act, 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 respondent’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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 12, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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