ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    EDWARD TOW,
     
    Respondent.
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    AC 04-39
    (County Site Code 0778155007)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 26, 2004, the County of Jackson timely filed an administrative citation
    against Edward Tow.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The
    County of Jackson alleges that Edward Tow violated Section 21(p)(1) of the Environmental
    Protection Act (415 ILCS 5/21(p)(1) (2002)). The County of Jackson further alleges that
    Edward Tow violated these provisions by causing or allowing the open dumping of waste in a
    manner that resulted in litter at Vergennes/Section 13, Jackson County.
     
    As required, the County of Jackson served the administrative citation on Edward Tow
    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 January 30, 2004, Edward Tow timely filed a petition to contest
    the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b).
    Edward Tow alleges that (1) the property had been inaccessible to him; and (2) he had been
    barred from the property.
    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,
    Edward Tow may have to pay the hearing costs of the Board and the County of Jackson.
    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.
     
    Edward Tow may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Edward Tow 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
    Edward Tow withdraws his petition after the hearing starts, the Board will require Edward Tow
    to pay the hearing costs of the Board and the County of Jackson.
    See id.
    at 108.500(c).
     
    The County of Jackson 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 Edward Tow violated Section
     
    2
    21(p)(1), the Board will impose civil penalties on Edward Tow. 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 Edward
    Tow “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 February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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