ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2005
     
    COUNTY OF VERMILION,
     
    Complainant,
     
    v.
     
    PHIL ROUSE,
     
    Respondent.
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    AC 06-1
    (County File No. 05-01)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On July 5, 2005, the County of Vermilion timely filed an administrative citation against
    Phil Rouse.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
    Vermilion alleges that on May 10, 2005, Phil Rouse violated Section 21(p)(1) and (p)(3) of the
    Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(3) (2004)). The County of
    Vermilion further alleges that Phil Rouse violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in (1) litter; and (2) open burning at 1831
    Perrysville Road, Lot 64, Danville, Vermilion County.
     
    As required, the County of Vermilion served the administrative citation on Phil Rouse
    within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35
    Ill. Adm. Code 108.202(b). On August 1, 2005, Phil Rouse timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Phil
    Rouse alleges that “he has never been responsible for conducting an unlicensed open dump” on
    the subject 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) (2004). By contesting the administrative citation, Phil
    Rouse may have to pay the hearing costs of the Board and the County of Vermilion.
    See
    415
    ILCS 5/42(b)(4-5) (2004); 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.
     
    Phil Rouse may withdraw his petition to contest the administrative citation at any time
    before the Board enters its final decision. If Phil Rouse 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
    Phil Rouse withdraws his petition after the hearing starts, the Board will require Phil Rouse to
    pay the hearing costs of the Board and the County of Vermilion.
    See id.
    at 108.500(c).
     
    The County of Vermilion has the burden of proof at hearing.
    See
    415 ILCS 5/31.1(d)(2)
    (2004); 35 Ill. Adm. Code 108.400. If the Board finds that Phil Rouse violated Section 21(p)(1)
     
    2
    and (p)(3), the Board will impose civil penalties on Phil Rouse. 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) (2004); 35 Ill. Adm. Code 108.500. However, if the Board finds that Phil
    Rouse “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) (2004);
    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 August 4, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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