ILLINOIS POLLUTION CONTROL BOARD
    March 7, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    CITY OF WENONA,
     
    Respondent.
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    AC 02-30
    (IEPA No. 532-01-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On January 7, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against the City of Wenona (City).
    See
    415 ILCS 5/31.1(c)
     
    (2000); 35
    Ill. Adm. Code 108.202(c). The Agency alleges that the City violated Sections 21(p)(1),
    2l(p)(4), and 2l(p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/2 l(p)(l), (p)(4),
    (p)(7) (2000)). The Agency further alleges that the City violated these provisions by causing or
    allowing the open dumping of waste in a manner resulting in litter, by causing or allowing the
    open dumping of waste in a manner resulting in deposition of waste in standing or flowing
    waters, and by causing or allowing the open dumping of waste in a manner resulting in general
    and/or clean construction or demolition debris located northwest of Wenona near Interstate 39
    and the Wenona Water Treatment Pond, in Marshall County.
     
    As required, the Agency served the administrative citation on the City within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    see also
    35 Ill. Adm. Code
    108.202(b). On February 5,
     
    2002, the City timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b). The City denies that it
    caused or allowed the open dumping of waste in a manner resulting in deposition of waste in
    standing or flowing waters, alleges that the administrative citation filed by the Agency was not
    timely, and any actions of the City at the site in question are exempted from the definition of
    “waste” under the Act pursuant to 415 ILCS 5/3.78(a)
     
    which exempts clean construction on
    demolition debris accumulated for use as fill or for erosion control.
    See
    35 Ill. Adm. Code
    108.206. The Board accepts the petition for hearing.
     
    The Board 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. 35 Ill. Adm. Code
    108.300;
    see also
    415 ILCS 5/31.1(d)(2) (2000). By contesting the administrative citation, the
    City may have to pay the hearing costs of the Board and Agency.
    See
    415 ILCS 5/42(b)(4-5)
    (2000); 35 Ill. Adm. Code 108.500. A schedule of the Board’s hearing costs is available at the
    Board’s offices and on the Board’s Web site at www.ipcb.state.il.us. 35 Ill. Adm. Code 504.
     
     
    2
    The City may withdraw its petition to contest the administrative citation at any time
    before the Board enters its final decision. If the City chooses to withdraw its petition, it must do
    so in writing, unless it does so orally at hearing.
    See
    35 Ill. Adm. Code 108.208. If the City
    withdraws its petition after the hearing starts, the Board will require the City 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) (2000); 35
    Ill. Adm. Code 108.400. If the Board finds that the City violated Sections 2l(p)(l), 2l(p)(4), and
    2l(p)(7) of the Act, the Board will impose civil penalties on the City. The civil penalty for
    violating Section 21(p) is $1,500 for a first offense and $3,000 for a second or subsequent
    offense. 415 ILCS 5142(b)(4-5)
     
    (2000); 35 Ill. Adm. Code 108.500. However, if the Board
    finds that the City “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. l(d)(2) (2000);
    see also
    35
     
    Ill. Adm. Code 108.500(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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