ILLINOIS POLLUTION CONTROL BOARD
    June 4, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    THOMAS AND VALERIE HILL,
    Respondents.
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    AC 09-40
    (IEPA No. 51-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On April 16, 2009, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Thomas and Valerie Hill (respondents).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns respondents’ property located at Lot 18 Agnus Ussery Addition, in Anna, Union
    County. The property is commonly known to the Agency as “Anna/Hill (Ussery St.)” and is
    designated with Site Code No. 18180055092. For the reasons below, the Board accepts
    respondent Thomas Hill’s petition to contest the administrative citation as timely filed, but
    directs respondents to file an amended petition to cure the deficiencies listed herein.
    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 on March 4, 2009, respondents violated Sections
    21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) at their property by causing
    or allowing the open dumping of waste in a manner resulting in litter, and in a manner resulting
    in the deposition of general or clean construction or demolition debris. The Agency asks the
    Board to impose a $1,500.00 civil penalty on the respondents for each violation, for a total
    penalty of $3,000.
    As required, the Agency served the administrative citation on Thomas and Valerie Hill
    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 is due
    by June 8, 2009. On May 22, 2009, Thomas Hill filed a petition with the Board to contest the
    administrative citation (Pet.). 35 Ill. Adm. Code 101.300(b)(2), 108.204(b). Mr. Hill denies the
    allegations, stating that the vehicles on his site are not waste (Pet. 2-3), and that a road closure
    2
    has prevented him from accessing the bottom of his property to remove the items that are waste.
    Pet. at 1-2.
    See
    35 Ill. Adm. Code 108.206.
    The Board finds that the petition contains several deficiencies that must be remedied
    before the case can be accepted for hearing. With respect to respondent Valerie Hill, though an
    individual may represent himself or herself, a non-attorney cannot represent another person in a
    Board adjudicatory proceeding, such as an administrative citation action.
    See
    35 Ill. Adm. Code
    101.400(a). The petition was brought on behalf of and signed by Thomas Hill. Pet. at 5. The
    petition fails to identify Thomas Hill as an attorney. If Valerie Hill would like to contest the
    administrative citation, she must do so by filing an amended petition on her own behalf. In
    addition, Mr. Hill’s petition contains other deficiencies which must be remedied before the
    Board can accept this case for hearing. Mr. Hill must serve a copy of the petition upon the
    Agency and file proof of service with the Board.
    See
    35 Ill. Adm. Code 101.304. There is no
    indication that Mr. Hill served a copy of the petition upon the Agency. Further, the petition
    refers to both Lot 17 and Lot 18 of respondents’ property.
    See
    Pet. at 1-2. Clarification is
    needed as to whether Mr. Hill’s petition indeed contests the Agency’s determination with respect
    to the subject property, Lot 18.
    See
    AC at 1.
    The Board therefore directs respondents to file an amended petition for review
    addressing all of these deficiencies.
    See, e.g.
    IEPA v. Ray Logsdon Estate, AC 05-54 (Mar. 3,
    2005) (accepting as timely filed a petition that did not indicate whether it was filed by an
    attorney but requiring an amended petition to cure the deficiency). If respondents fail to file an
    amended petition by July 6, 2008, the Board will enter a default order against the respondents,
    imposing the $3,000.00 penalty.
    See
    Ray Logsdon Estate, AC 05-54 (Apr. 21, 2005) (finding
    respondent defaulted by not filing an amended petition as directed to cure the deficiency in the
    original petition).
    If respondents proceed to contest the administrative citation but do not prevail on the
    merits of the case, respondents will have to pay not only the $3,000.00 penalty but also any
    hearing costs of the Board and the Agency.
    See
    415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm.
    Code 108.500 (2006). A schedule of the Board’s hearing costs is available from the Clerk of the
    Board and on the Board’s website at
    www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 108.504.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 4, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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