ILLINOIS POLLUTION CONTROL BOARD
    December 4, 2003
     
    COUNTY OF VERMILION,
     
    Complainant,
     
    v.
     
    VILLAGE OF TILTON,
     
    Respondent.
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    AC 04-22
    (County No. 03-03)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On October 31, 2003, the County of Vermilion timely filed an administrative citation
    against the Village of Tilton.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c).
    The County of Vermilion alleges that the Village of Tilton violated Section 21(p)(3) of the
    Environmental Protection Act (415 ILCS 5/21(o) or (p) (2002)). The County of Vermilion
    further alleges that the Village of Tilton violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in open burning of waste at First Avenue and
    15th Street, Tilton, Vermilion County.
     
    As required, the County of Vermilion served the administrative citation on the Village of
    Tilton within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see
    also
    35 Ill. Adm. Code 108.202(b). On November 26, 2003, the Village of Tilton timely filed a
    petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code
    108.204(b). The Village of Tilton denies that it committed a violation.
    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) (2002). By contesting the administrative citation, the
    Village of Tilton may have to pay the hearing costs of the Board and the County of Vermilion.
    See
    415 ILCS 5/42(b)(4-5) (2002); 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.
     
    The Village of Tilton may withdraw its petition to contest the administrative citation at
    any time before the Board enters its final decision. If the Village of Tilton 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 Village of Tilton withdraws its petition after the hearing starts, the Board will
    require the Village of Tilton to pay the hearing costs of the Board and the County of Vermilion.
    See id.
    at 108.500(c).
     
     
    2
    The County of Vermilion has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2)
    (2002); 35 Ill. Adm. Code 108.400. If the Board finds that the Village of Tilton violated Section
    21(p)(3), the Board will impose civil penalties on the Village of Tilton. 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 5/42(b)(4-5) (2002); 35 Ill. Adm. Code 108.500. However, if the Board finds
    that the Village of Tilton “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) (2002);
    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 December 4, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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