ILLINOIS POLLUTION CONTROL BOARD
    March 19, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    WILLIAM AND PATRICIA HAJEK,
    Respondents.
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    AC 09-35
    (IEPA No. 13-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 13, 2009, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against William and Patricia Hajek (respondents).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns respondents’ residential property located at 1683 McAllister Road, Waterman, DeKalb
    County. For the reasons below, the Board accepts the respondents’ 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 respondents violated Sections 21(p)(1) and (p)(7) of
    the Act (415 ILCS 5/21(p)(1) and (p)(7) (2006)) by causing or allowing the open dumping of
    waste in a manner resulting in litter, and in a manner resulting in the deposition of clean or
    general construction or demolition debris at respondents’ DeKalb County site. The Agency asks
    the Board to impose a $1,500.00 civil penalty on respondents for each violation, for a total
    penalty of $3,000.00.
    As required, the Agency served the administrative citation on William and Patricia Hajek
    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). A petition to contest the administrative citation is due by
    March 25, 2009. On February 24, 2009, William Hajek timely filed a petition to contest the
    administrative citation; however Patricia Hajek had not signed the petition. On March 5, 2009,
    the Board directed the respondents to file an amended petition and on March 13, 2009, the Board
    received an amended petition filed
    pro se
    and signed by both respondents. Respondents deny the
    2
    allegations, stating that not all of the materials on site are waste (Pet. at 1-4.), and that the
    “severity of the winter storms” has prevented him from removing those which are waste.
    Id
    ;
    see
    35 Ill. Adm. Code 108.206.
    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, respondents 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 may withdraw their petition to contest the administrative citation at any time
    before the Board enters its final decision. If the respondents choose 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 respondents violated Section 21(p)(1) and (p)(7) 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 “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 March 19, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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