ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2008
    COUNTY OF JACKSON,
    Complainant,
    v.
    JAMES MOAKE,
    Respondent.
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    AC 08-20
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 3, 2008, the County of Jackson (County) timely filed an administrative
    citation against James Moake (Moake).
    See
    415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code
    108.202(c). The administrative citation concerns Moake’s property located at latitude 37.80102
    and longitude –89.39497 in Jackson County. The property is commonly known to the Illinois
    Environmental Protection Agency (Agency) as the “Murphysboro/James Moake” site and is
    designated with Site Code No. 0778085005. For the reasons below, the Board accepts the
    Moake’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 County alleges that on January 9, 2008, Moake 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 Moake’s
    property 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 County
    asks the Board to impose a $4,500 civil penalty on Moake.
    As required, the County served the administrative citation on Moake 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 1,
    2008. On March 25, 2008, respondent 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 Moake’s claim that the County inspector informed Moake
    that Moake “need not be concerned with administrative action as long as [Moake] continued
    working to organize.” Petition at 1.
    See
    35 Ill. Adm. Code 108.206.
    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, Moake may have to pay the hearing costs of the Board and the County.
    See
    415 ILCS
    5/42(b)(4) (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.
    Moake may withdraw his petition to contest the administrative citation at any time before
    the Board enters its final decision. If Moake 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 Moake
    withdraws his petition after the hearing starts, the Board will require him to pay the hearing costs
    of the Board and the County.
    See
    35 Ill. Adm. Code 108.500(c).
    The County 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 Moake violated Section 21(p) of the Act, the Board
    will impose civil penalties on him. 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) (2006); 35 Ill. Adm. Code 108.500(a). However, if the Board finds that
    Moake 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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