ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    HIRAM L. VANDERHEIDEN, JR.,
    Respondent.
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    AC 08-27
    (IEPA No. 51-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
    On March 31, 2008, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Hiram L. Vanderheiden, Jr. (Vanderheiden).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns a facility located at 510 N. Park Ave. in Manito, Mason County. The facility is
    commonly known to the Agency as “Manito/Vanderheiden” and is designated with Site Code
    No. 1258075004. For the reasons below, the Board accepts Vanderheiden’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 February 7, 2008, Vanderheiden 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 Vanderheiden.
    As required, the Agency served the administrative citation on Vanderheiden 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
    May 7, 2008. On April 29, 2008, Vanderheiden timely filed a petition to contest the
    administrative citation with the Board.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code
    101.300(b)(2), 108.204(b). Vanderheiden must serve a copy of the petition upon the Agency and
    file proof of service with the Board.
    See
    35 Ill. Adm. Code 101.304. Vanderheiden’s petition
    denies that the site is a dump, stating that the site is a residence and the house is used as a
    “storage place” for property that Vanderheiden purchased at auctions and does not consider
    2
    “trash.” Petition at 1. Vanderheiden asserts that the boats, snowmobiles, and other materials on
    the site are merchandise of value to him that he has paid for, and that the automobile has a valid
    current license plate.
    Id.
    ;
    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
    35 Ill. Adm. Code 108.300; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative
    citation, Vanderheiden 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.
    See
    35 Ill. Adm. Code 108.504.
    Vanderheiden may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Vanderheiden 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
    Vanderheiden withdraws his petition after the hearing starts, the Board will require
    Vanderheiden 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 Vanderheiden violated Sections 21(p)(1), (p)(3), or
    (p)(7) of the Act, the Board will impose civil penalties on Vanderheiden. 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 Vanderheiden 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 May 15, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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