ILLINOIS POLLUTION CONTROL BOARD
    May 3, 2007
    COUNTY OF JACKSON,
    Complainant,
    v.
    ALVIN VALDEZ and RUBEN J. VALDEZ,
    Respondents.
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    AC 07-34
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 31, 2007, the County of Jackson (County) filed an administrative citation
    against Alvin Valdez and Ruben J. Valdez (respondents).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill.
    Adm. Code 108.202(c). The administrative citation concerns a site commonly known as
    “DeSoto/Alvin Valdez,” designated with Site Code No. 0778035022, and located in Jackson
    County. For the reasons below, the Board accepts the respondents’ petition to contest the
    administrative citation.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), 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) (2004); 35 Ill. Adm. Code 108.
    In this case, the County alleges that respondents violated Sections 21(p)(1) and (p)(3) of
    the Act (415 ILCS 5/21(p)(1), (3) (2004)) by causing or allowing the open dumping of waste in a
    manner resulting in litter and open burning. The County asks the Board to impose a $3,000 civil
    penalty on respondents.
    To contest an administrative citation, a respondent must file a petition with the Board no
    later than 35 days after being served with the administrative citation. If a respondent fails to do
    so, the Board must find that the respondent committed the violation alleged and impose the
    corresponding civil penalty.
    See
    415 ILCS 31.1(d)(1) (2004); 35 Ill. Adm. Code 108.204(b),
    108.406. Here, respondents were served with the administrative citation on January 22, 2007.
    The Board received respondents’ petition on March 1, 2007. When the Board receives a petition
    after the 35-day deadline, the postmark date of that petition is considered its filing date under the
    Board’s procedural rules.
    See
    35 Ill. Adm. Code 101.300(b)(2). The petition was timely filed
    within the 35-day appeal period because the petition was postmarked on the filing deadline of
    February 26, 2007.
    2
    On March 15, 2007, the Board accepted respondents’ petition as timely filed, but found
    that the petition did not satisfy the Board’s procedural rules because it failed to state any reason
    why respondents believe the administrative citation was improperly issued.
    See
    35 Ill. Adm.
    Code 108.206. The Board therefore directed respondents to file an amended petition within 30
    days stating the grounds on which they contest the administrative citation.
    See
    County of
    Jackson v. Dan Kimmel, AC 06-21 (Feb. 16, 2006).
    On April 19, 2007, the Board received an amended petition stating the reasons for which
    respondents contest the administrative citation. The petition was timely filed within the 30-day
    period because the petition was postmarked on April 12, 2007.
    The Board accepts the amended 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
    35 Ill. Adm. Code 108.300; 415 ILCS 5/31.1(d)(2) (2004). By contesting the
    administrative citation, respondents may have to pay the hearing costs of the Board and the
    County.
    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 from the Clerk of the Board and on the Board’s Web site at
    www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 504.
    Respondents may withdraw their petition to contest the administrative citations at any
    time before the Board enters its final decision. If respondents choose to withdraw their petition,
    they must do so in writing, unless they do so orally at hearing.
    See
    35 Ill. Adm. Code 108.208.
    If respondents withdraw their petition after the hearing starts, the Board will require respondents
    to pay the hearing costs of the Board and the County.
    See id.
    at 108.500(c).
    As indicated above, the County 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 respondents have
    violated Section 21(p)(1) or (p)(3), the Board will impose civil penalties on respondents. 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) (2004); 35 Ill.
    Adm. Code 108.500(a). However, if the Board finds that respondents have “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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on May 3, 2007, by a vote of ______________.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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