ILLINOIS POLLUTION CONTROL BOARD
    March 20, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    GENE BREEDEN,
    Respondent.
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    AC 08-16
    (IEPA No. 4-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
    On February 1, 2008, the Illinois Environmental Protection Agency (Complainant), filed
    an Administrative Citation against Gene Breeden (Respondent).
    See
    415 ILCS 5/31.1(c) (2006);
    35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns Respondent’s
    property known as G & D Salvage located at 104 W. Lincoln Street in Loda, Iroquois County.
    For the reasons below, the Board accepts Respondent’s petition to contest the administrative
    citation.
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (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 Illinois
    Environmental Protection 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), 42(b)(4-5) (2006); 35
    Ill. Adm. Code 108.
    In this case, Complainant alleges that Respondent violated Sections 21(p)(1), 21(p)(3),
    and 21(p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2006)) by causing or allowing
    the open dumping of waste in a manner resulting in: (1) litter; (2) open burning; and (3)
    deposition of general construction or demolition debris or deposition of clean construction or
    demolition debris at Respondent’s Iroquois County site. Because the citation alleges a second or
    subsequent violation of Section 21(p)(1) and 21(p)(3) (415 ILCS 5/21(p)(1), (p)(3)),
    Complainant asks the Board to impose a total civil penalty of $7,500.00 on Respondent.
    As required, Complainant served the administrative citation on Respondent within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);
    see also
    35 Ill. Adm.
    Code 101.300(c), 108.202(b). Any petition to contest the administrative citation was due by
    March 7, 2008. On March 5, 2008, Respondent timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code 101.300(b),
    108.204(b). Respondent “denies having committed the alleged violations” and “affirmatively
    2
    alleges that the alleged open burning resulted from uncontrollable circumstances, namely arson.”
    Petition at 1;
    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
    415 ILCS 5/31.1(d)(2) (2006); 35 Ill. Adm. Code 108.300. By contesting the administrative
    citation, Respondent may have to pay the hearing costs of the Board and Complainant.
    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.
    Respondent may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Respondent 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
    Respondent withdraws his petition after the hearing starts, the Board will require Respondent to
    pay the hearing costs of the Board and Complainant.
    See
    35 Ill. Adm. Code 108.500(c).
    Complainant 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 violated 415 ILCS 5/21(p)(1),
    (p)(3), 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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on March 20, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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