ILLINOIS POLLUTION CONTROL BOARD
    August 6, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    Complainant,
    v.
    JASON D. & ANGELA R. MARRS d/b/a
    MARRS HAULING, LANDSCAPING &
    MORE,
    Respondents.
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    AC 09-55
    (IEPA No. 130-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.L. Blankenship):
    On June 18, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Jason D. & Angela R. Marrs, d/b/a Marrs Hauling, Landscaping &
    More (respondents).
    See
    415 ILCS 5/31.1(c) (2008)
    1
    ; 35 Ill. Adm. Code 101.300(b), 108.202(c).
    The administrative citation concerns the respondents’ facility located 20 C.R. 3050N, Foosland,
    Champaign County. The property is commonly known to the Agency as the “Foosland/Marrs,
    Hason-30E CR 2050N” site and is designated with Site Code No. 0198010002. For the reasons
    below, the Board accepts the respondents’ 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 Illinois Environmental
    Protection 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 May 18, 2009, the respondents violated 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 littler, and deposition of construction or demolition
    debris at the respondents’ Champaign 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 July
    1
    All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
    been substantively amended in the 2008 compiled statutes.
    2
    20, 2009. On July 22, the respondents timely filed a petition. The petition was timely filed
    because it was postmarked on or before the filing deadline.
    See
    415 ILCS 5/31.1(d) (2008); 35
    Ill. Adm. Code 101.300(b), 108.204(b). The respondents allege that they did not commit the
    alleged violations, and that if any violations did occur, they resulted from uncontrollable
    circumstances.
    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) (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)(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 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) (2008); 35 Ill.
    Adm. Code 108.400. If the Board finds that the respondents violated Sections 21(p)(1) and (7),
    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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