ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    KEISTER’S, INC.,
    Respondent.
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    AC 08-29
    (IEPA No. 65-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On May 5, 2008, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Keister’s, Inc. (Keister).
    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
    1348 South Main Street, Monmouth, Warren County, designated with Site Code No.
    1878080002, and commonly known to the Agency as “Keister’s, Inc.” For the reasons below,
    the Board accepts as timely filed Keister’s petition to contest the administrative citation, but
    directs Keister to file an amended petition to cure the deficiencies identified in this order.
    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 Keister violated Sections 21(p)(1) and (p)(3) of the
    Act (415 ILCS 5/21(p)(1), (p)(3) (2006)) on March 11, 2008, by causing or allowing the open
    dumping of waste in a manner resulting in litter and open burning at Keister’s Warren County
    facility. The Agency asks the Board to impose on Keister the statutory $1,500 civil penalty per
    violation for a total civil penalty of $3,000.
    As required, the Agency served the administrative citation on Keister 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 within 35
    days after the date of service,
    i.e.,
    by June 6, 2008.
    See
    415 ILCS 5/31.1(d)(1) (2006); 35 Ill.
    Adm. Code 108.204(b). Keister filed a petition with the Board on May 29, 2008. The Board
    accordingly accepts Keister’s petition as timely filed.
    The Board finds, however, that the petition reflects deficiencies that must be remedied
    before this case can go forward. Specifically, the petition provides no grounds for contesting the
    2
    administrative citation. A petition must set forth the reasons why the respondent believes the
    citation was improperly issued.
    See
    35 Ill. Adm. Code 108.206.
    The Board therefore directs Keister to file an amended petition stating the grounds on
    which Keister contests the administrative citation.
    See, e.g.,
    County of Jackson v. Dan Kimmel,
    AC 06-21 (Feb. 16, 2006) (accepting as timely filed a petition that failed to include grounds for
    appeal but requiring an amended petition to cure the deficiency). If Keister fails to file an
    amended petition by July 7, 2008
    ,
    which is the first business day following the 30th day after the
    date of this order, Keister’s petition will be dismissed and a default order will be entered against
    him, imposing the $3,000 civil penalty.
    See
    IEPA v. Ray Logsdon Estate, AC 05-54 (Apr. 21,
    2005) (finding respondent defaulted by not filing amended petition as directed to cure deficiency
    in original petition).
    If Keister files an amended petition pursuant to this order and does not prevail on the
    merits of the case, Keister will have to pay not only the $3,000 civil penalty but also any 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.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 5, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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