ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    GEORGE R. FORD,
    Respondent.
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    AC 09-12
    (IEPA No. 154-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 25, 2008, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against George R. Ford (respondent).
    See
    415 ILCS 5/31.1(c) (2006);
    35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns respondent’s
    property located at the Southeast Quarter of Section Number Thirty-two (32) in Township Seven
    (7) North of the Base Line, Range Two (2) East of the Fourth Principal Meridian, in the Town of
    Deerfield, Fulton County. The site is commonly known to the Agency as the “Ford Property”
    and is designated with Site Code No. 0578060001. For the reasons below, the Board accepts
    respondent’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 respondent violated Sections 21(p)(1), (p)(3), and
    (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) on
    July 9, 2008, by causing or allowing the open dumping of waste resulting in litter, open burning,
    and the deposition of general or clean construction or demolition debris at the Fulton County site.
    The Agency asks the Board to impose on respondent the statutory civil penalty of $1,500 per
    violation, for a total civil penalty of $4,500.
    As required, the Agency served the administrative citation on respondent 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 October
    3, 2008. On October 3, 2008, respondent timely filed a petition.
    See
    415 ILCS 5/31.1(d) (2006);
    35 Ill. Adm. Code 101.300(b), 108.204(b). Respondent alleges, among other things, that he is
    not the operator of the site and that the site is not operating as an unpermitted open dump.
    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, respondent 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.
    Respondent may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If respondent 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
    respondent withdraws his petition after the hearing starts, the Board will require respondent 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 respondent violated any provision of Section 21(p)
    of the Act, the Board will impose civil penalties on respondent. 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 respondent “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 October 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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