ILLINOIS POLLUTION CONTROL BOARD
    July 21, 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 T.E. Johnson):
    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 108.202(c). The administrative citation concerns Keister’s 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.” Today, for the reasons below, the Board
    accepts Keister’s amended petition for hearing.
    The Agency alleges that Keister violated Sections 21(p)(1) and (p)(3) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3) (2006)) by causing or allowing
    the open dumping of waste in a manner resulting in litter and open burning. The Agency asks
    the Board to impose on Keister a total civil penalty of $3,000. On May 29, 2008, Keister filed a
    petition to contest the administrative citation. On June 5, 2008, the Board issued an order
    accepting Keister’s petition as timely filed, but finding the petition deficient because it did not
    provide grounds for contesting the administrative citation.
    See
    35 Ill. Adm. Code 108.204(b),
    108.206. The Board directed Keister to file an amended petition remedying this deficiency
    within 30 days, on or before July 7, 2008, or the Board would dismiss the petition and enter a
    default order against Keister.
    See
    35 Ill. Adm. Code 108.404, 108.500(a).
    On July 10, 2008, the Board received Keister’s amended petition, which was timely filed
    because it was postmarked on the July 7, 2008 filing deadline.
    See
    35 Ill. Adm. Code
    101.300(b)(2). In the amended petition for review, Keister asserts that the alleged violations
    “were a result of uncontrollable circumstances.” Amended Petition at 1. The Board accepts the
    amended 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
    108.300; 415 ILCS 5/31.1(d)(2) (2006). By contesting the administrative citation, Keister 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
    2
    of the Board and on the Board’s Web site at www.ipcb.state.il.us
    .
    See
    35 Ill. Adm. Code
    108.504.
    Keister may withdraw its petition to contest the administrative citation at any time before
    the Board enters its final decision. If Keister chooses to withdraw its petition, it must do so in
    writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If Keister withdraws
    its petition after the hearing starts, the Board will require Keister to pay the hearing costs of the
    Board and the Agency.
    See id.
    at 108.500(c).
    Keister 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 Keister violated Section 21(p)(1) or Section
    21(p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2006)), the Board will impose civil penalties.
    The civil penalty for violating Section 21(p) 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
    45 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a).
    However, if the Board finds that Keister “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 July 21, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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