ILLINOIS POLLUTION CONTROL BOARD
    September 3, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    MARK A. LEWIS,
    Respondent.
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    AC 09-41
    (IEPA No. 65-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by S.D. Lin):
    On May 6, 2009, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Mark A. Lewis (respondent).
    See
    415 ILCS 5/31.1(c) (2008); 35
    Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns Mr. Lewis’s
    residential property located at 1835 Bunnyville Drive in Clay City, Clay County. This property
    is commonly known to the Agency as the “Clay City/Lewis, Mark A” site, designated with Site
    Code No. 0258025002. For the reasons below, the Board accepts for hearing the respondent’s
    second 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 Mr. Lewis violated Section 21(p)(1) of the Act (415
    ILCS 5/21(p)(1) (2008)) by causing or allowing the open dumping of waste in a manner resulting
    in litter at his Clay County site. The Agency further alleges that this violation is Mr. Lewis’s
    second or subsequent violation of Section 21(p)(1) and therefore asks the Board to impose a
    $3,000 civil penalty on Mr. Lewis
    On June 8, 2009, the Board received Mr. Lewis’s initial petition to contest the
    administrative citation (Pet.). The petition was considered timely filed because it was
    postmarked on or before the filing deadline.
    See
    35 Ill. Adm. Code 101.300(b)(2) (“mailbox
    rule”). In the petition, Mr. Lewis stated, among other things, that he is using or plans to use most
    of the vehicles that were photographed during the Agency’s April 1, 2009 site inspection of his
    property. Pet. at 1-2. The Board accepted the petition as timely, but directed the respondent to
    cure certain deficiencies in the petition. IEPA v. Lewis, AC 09-41 (June 18, 2009).
    2
    On July 8, 2009, respondent filed a first amended petition curing the petition’s deficiency
    with respect to service on the Agency. Am. Pet. at 1.
    See
    35 Ill. Adm. Code 108.206. The
    Board accepted the amended petition, but directed the respondent to cure the remaining
    deficiencies. IEPA v. Lewis, AC 09-41 (July 23, 2009). Respondent filed a second amended
    petition on August 26, 2009. Respondent states that the violation “resulted from uncontrollable
    circumstances”. Second Am. Pet. at 1.
    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 respondent may withdraw his petition to contest the administrative citation at any
    time before the Board enters its final decision. If the respondent chooses to withdraw his
    petition, he must do so in writing, unless he does so orally at hearing.
    See
    35 Ill. Adm. Code
    108.208. If the respondent withdraws his petition after the hearing starts, the Board will require
    the respondent 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 respondent violated Section 21(p)(1)of the Act,
    the Board will impose civil penalties on the respondent. 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 respondent has “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 September 3, 2009, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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