ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2007
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    CAROL G. PRIEB,
    Respondent.
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    AC 08-1
    (IEPA No. 173-07-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
    On July 16, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Carol G. Prieb (Prieb).
    See
    415 ILCS 5/31.1(c) (2006); 35 Ill.
    Adm. Code 108.202(c). The Agency alleges that Prieb violated Sections 21(p)(1) and 21(p)(7)
    of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), 21 (p)(7) (2006)). The Agency
    further alleges that Prieb violated these provisions by causing or allowing open dumping of
    waste in a manner resulting in litter and in the deposition of general construction or demolition
    debris or clean construction or demolition debris at 405 Barkhausen Lane, Jonesboro, Union
    County.
    As required, the Agency served the administrative citation on Prieb 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 August 21, 2007, Prieb timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code 108.204(b). Prieb denies
    committing the violations alleged in the citation, alleges that the Agency entered private land
    without consent, claims that the activities that are the subject of the citation lie outside the scope
    of the Act, and argues that any violations that did occur are attributable to uncontrollable
    circumstances.
    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) (2006). By contesting the administrative citation, Prieb
    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 at the
    Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill. Adm. Code 108.504.
    Prieb may withdraw her petition to contest the administrative citation at any time before
    the Board enters its final decision. If Prieb chooses to withdraw her petition, she must do so in
    writing, unless she does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Prieb withdraws
    her petition after the hearing starts, the Board will require Prieb to pay the hearing costs of the
    Board and the Agency.
    See
    35 Ill. Adm. Code 108.500(c).
    2
    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 Prieb violated Sections 21(p)(1) and 21(p)(7) of the
    Act (415 ILCS 5/21(p)(1), 21(p)(7) (2006)), the Board will impose civil penalties on Prieb. The
    civil penalty for each violation of each subsection of Section 21(p) is $1,500 for a first offense
    and $3,000 for a second or subsequent offense. 415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm.
    Code 108.500. However, if the Board finds that Prieb “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 September 6, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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