ILLINOIS POLLUTION CONTROL BOARD
    August 6, 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) (2008); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns the respondents’ facility located at Lot 18 Agnus Ussery Addition, in Anna, Union
    County. The property is commonly known to the Agency as the “Anna/Hill (Ussery St.)” site
    and is designated with Site Code No. 1819955092. 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 (2008)), 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) (2008); 35 Ill. Adm. Code 108.
    In this case, the Agency alleges that on April 16, 2009, the respondents violated Sections
    21(p)(1) and (7) of the Act (415 ILCS 5/21(p)(1) and (7)] (2008)) by causing or allowing the
    open dumping of waste in a manner resulting in little and deposition of demolition debris at the
    respondents’ Union County site. The Agency asks the Board to impose the statutory $3,000 civil
    penalty on the respondents.
    As required, the Agency served the administrative citation on the respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2008);
    see also
    35 Ill. Adm.
    Code 101.300(c), 108.202(b). Any petition to contest the administrative citation was due by
    June 8, 2009. On May 22, 2009, Thomas Hill filed a petition with the Board to contest the
    administrative citation. 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
    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 accepted the petition as timely, but
    directed the respondents to cure certain deficiencies in the petition. IEPA v. Hill, AC 09-40
    2
    (June 4, 2009). On June 8, 2009, Valerie Hill filed an amended petition contesting the
    administrative citation on the same grounds. Am. Pet. at 1.
    See
    35 Ill. Adm. Code 108.206. The
    Board accepted the amended petition, but directed the respondents to cure the remaining
    deficiencies. IEPA v. Hill, AC 09-40 (June 18, 2009). Thomas and Valarie Hill filed a third
    amended petition on May 22, 2009.
    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) (2008). By contesting the administrative
    citation, the respondents may have to pay the hearing costs of the Board and the Agency.
    See
    415 ILCS 5/42(b) (4-5) (2008); 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.
    The 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 the respondents withdraw their petition after the hearing starts, the Board will
    require the respondents to pay the hearing costs of the Board and Agency.
    See id.
    at 108.500(c).
    The Agency has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2) (2008); 35 Ill.
    Adm. Code 108.400. If the Board finds that the respondents violated Sections 21(p)(1) and (7)
    of the Act, the Board will impose civil penalties on the respondents. 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) (2008); 35 Ill. Adm. Code
    108.500(a). However, if the Board finds that the respondents have “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) (2008);
    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 August 6, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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