ILLINOIS POLLUTION CONTROL BOARD
    February 19, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    QUINN AND GLENNA HUNLEY,
    Respondents.
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    AC 09-24
    (IEPA No. 317-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 24, 2008, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Quinn and Glenna Hunley (respondents Hunley).
    See
    415
    ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns the Hunleys’ residential property (facility) located at 2136 North Illinois Route 130,
    West Salem, Edwards County. The property is known to the Agency as West Salem/Hunley,
    Quinn and Glenna, and has been designated by the Agency as Site #0478570005. For the
    reasons below, the Board accepts the Hunleys’ amended 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 it 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 Quinn and Glenna Hunley violated Section 21(p)(1)
    of the Act (415 ILCS 5/21(p)(1) (2006)) by causing or allowing the open dumping of waste in a
    manner resulting in litter at their Edwards County facility. The Agency asks the Board to impose
    a $1,500.00 civil penalty on respondents Hunley.
    As required, the Agency served the administrative citation on Quinn and Glenna Hunley
    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 December 26, 2008. On December 22, 2008, respondents Hunley timely filed a petition
    to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2006); 35 Ill. Adm. Code
    101.300(b), 108.204(b). On January 8, 2009, the Board accepted the respondents’ petition for
    review, but directed them to file an amended petition by February 9, 2009, expressly stating the
    reasons why the administrative citation was improperly issued. IEPA v. Hunley, AC 09-24, slip
    2
    op. at 1 (Jan. 8, 2009). On February 10, 2009, respondents filed an amended petition for review
    alleging that they did not cause or allow the open dumping of waste as they are in the process of
    selling the items at the facility, thereby removing said items from the statutory definition of
    “waste.”
    See
    35 Ill. Adm. Code 108.206. The amended petition for review was timely filed
    because it was postmarked on or before the filing deadline.
    See
    35 Ill. Adm. Code 101.300(b)(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, Quinn and Glenna Hunley may have to pay the hearing costs of the Board and the
    Agency.
    See
    415 ILCS 5/42(b)(4), (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.
    Respondents Hunley may withdraw their petition to contest the administrative citation at
    any time before the Board enters its final decision. If the Hunleys chooses to withdraw their
    petition, they must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If respondents withdraw their petition after the hearing starts, the Board will require
    them 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 Quinn and Glenna Hunley violated Section 21(p)(1)
    of the Act, the Board will impose civil penalties on them. 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), (4-5) (2006); 35 Ill. Adm. Code
    108.500(a). However, if the Board finds that respondents Hunley “ha[ve] 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 February 19, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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