ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2008
    CITY OF CHICAGO DEPARTMENT OF
    ENVIRONMENT,
    Complainant,
    v.
    CRYSTAL IL 98, L.L.C.,
    Respondent.
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    AC 08-17
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 21, 2008, the City of Chicago Department of Environment (City) timely
    filed an administrative citation against Crystal IL 98, L.L.C. (Crystal).
    See
    415 ILCS 5/31.1(c)
    (2006); 35 Ill. Adm. Code 108.202(c). The administrative citation concerns a property located at
    1300 West 35th Street in Chicago, Cook County, and assigned Illinois Environmental Protection
    Agency (Agency) Site Code No. 0316615233. For the reasons below, the Board accepts
    Crystal’s 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, 4(r),
    21(o), (p), 31.1, 42(b)(4), (4-5) (2006); 35 Ill. Adm. Code 108.
    The City alleges that Crystal violated Sections 21(p)(1), (p)(4), and (p)(7) of the Act (415
    ILCS 5/21(p)(1), (p)(4), (p)(7) (2006)) on December 27, 2007, by causing or allowing the open
    dumping of waste resulting in litter, the deposition of waste in standing water, and the deposition
    of general construction or demolition debris. The City asks the Board to impose a $4,500 civil
    penalty on Crystal for the alleged violations.
    The City served the administrative citation 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 March 27,
    2008, Crystal timely filed a petition.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code
    108.204(b). Crystal’s petition raises numerous grounds for contesting the citation, including that
    the alleged violations were not caused or allowed by Crystal and were the result of
    uncontrollable circumstances, and that the citation was not properly served. Petition at 1. 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
    2
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative citation,
    Crystal may have to pay the hearing costs of the Board and the City.
    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.
    Crystal may withdraw the petition to contest the administrative citation at any time before
    the Board enters its final decision. If Crystal chooses to withdraw the petition, it must do so in
    writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Crystal withdraws
    its petition after the hearing starts, the Board will require Crystal to pay the hearing costs of the
    Board and the City if the City prevails.
    See id.
    at 108.500(c).
    The City 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 the City proved that Crystal violated Section 21(p),
    the Board will impose civil penalties on Crystal. The civil penalty for violating any provision of
    Section 21(p) is $1,500 for each violation of each such provision, except that the penalty amount
    imposed will be $3,000 for each violation of any provision of Section 21(p) that is a 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. However, if the Board finds that Crystal “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 April 3, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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