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