ILLINOIS POLLUTION CONTROL BOARD
    January 7, 2010
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    LARRY M. ISON,
    Respondent.
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    AC 10-06
    (IEPA No. 282-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 12, 2009, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Larry M. Ison (respondent).
    See
    415 ILCS 5/31.1(c)
    (2008)
    1
    ; 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation concerns the
    respondent’s facility located at 1234 North 10th Street, Mount Vernon, Jefferson County. The
    property is commonly known to the Agency as the “Mt. Vernon/Ison, Larry M.” site and is
    designated with Site Code No. # 0810305241. For the reasons below, the Board accepts the
    respondent’s 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 September 14, 2009, the respondent violated
    Sections 21(p)(1) of the Act (415 ILCS 5/2(p)(1) (2008)) by causing or allowing the open
    dumping of waste in a manner resulting in litter at the respondent’s Jefferson County site. The
    Agency asks the Board to impose the statutory $1,500 civil penalty per violation on the
    respondent.
    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
    December 15, 2009. On December 16, 2009, the respondent timely filed a petition. The petition
    was timely filed because it was postmarked on or before the filing deadline.
    See
    415 ILCS
    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
    5/31.1(d) (2008); 35 Ill. Adm. Code 101.300(b), 108.204(b). The respondent denies that he is
    the operator of a facility located at said address and further denies that he has “dumped” or
    allowed to be dumped any prohibited items which are the subject matter of the enforcement
    provisions of the Illinois EPA.
    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
    415 ILCS 5/31.1(d)(2) (2008); 35 Ill. Adm. Code 108.300. By contesting the administrative
    citation, the respondent may have to pay the hearing costs of the Board and the Agency.
    See
    415
    ILCS 5/42(b)[(4) or (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 do 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 Sections 21(p)(1) 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)(4-5) (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 January 7, 2010, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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