ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    C. JOHN BLICKHAN,
    Respondent.
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    AC 08-19
    (IEPA No. 23-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 29, 2008, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against C. John Blickhan (Blickhan).
    See
    415 ILCS 5/31.1(c)
    (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). According to the administrative citation,
    Blickhan is the present operator of a facility located at Lock and Dam Road in Quincy, Adams
    County. The facility is commonly known to the Agency as “Quincy/Blickhan Landfill” and is
    designated with Site Code No. 0010650002. For the reasons below, the Board accepts
    Blickhan’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, 21(o),
    (p), 31.1(c), 42(b)(4), (4-5) (2006); 35 Ill. Adm. Code 108.
    In this case, the Agency alleges that on January 15, 2008, Blickhan violated Sections
    21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) at the facility
    by causing or allowing the open dumping of waste in a manner resulting in litter, open burning,
    and the deposition of general or clean construction or demolition debris. The Agency asks the
    Board to impose a $4,500 civil penalty on Blickhan.
    As required, the Agency served the administrative citation on Blickhan 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 April 2,
    2008. On March 24, 2008, Blickhan timely filed a petition.
    See
    415 ILCS 5/31.1(d) (2006); 35
    Ill. Adm. Code 101.300(b), 108.204(b). The petition raises numerous grounds for contesting the
    administrative citation, including that Blickhan did not own or operate the facility at the pertinent
    time, that Blickhan did not cause or allow the alleged violations, and that if violations occurred,
    they resulted from uncontrollable circumstances.
    See
    35 Ill. Adm. Code 108.206. The Board
    accepts the petition for hearing.
    2
    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
    108.300; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative citation, Blickhan 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. 35 Ill. Adm. Code 108.504.
    Blickhan may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Blickhan 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 Blickhan
    withdraws his petition after the hearing starts, the Board will require Blickhan 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 Blickhan violated Section 21(p) of the Act, the
    Board will impose civil penalties on Blickhan. 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 Blickhan “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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