ILLINOIS POLLUTION CONTROL BOARD
September 18, 1997
COUNTY OF WILL,
Complainant,
v.
UTILITIES UNLIMITED, INC., and
CHARLES PETREKIS, SR. d/b/a
UTILITIES UNLIMITED, INC.,
Respondents.
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AC 97-41
(WC 96 AC 22)
(Administrative Citation)
DAWN UNDERHILL, ASSISTANT STATE’S ATTORNEY, APPEARED ON
BEHALF OF THE COUNTY OF WILL; and CHARLES PETREKIS, SR.
APPEARED
PRO SE
.
OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
This matter comes before the Board on an administrative citation filed by the
County of Will (County) against respondents Utilities Unlimited, Inc. and Charles
Petrekis doing business as Utilities Unlimited, Inc. (respondents or Petrekis). The
citation alleges that on October 25, 1996, respondents violated Sections 21(p)(1) and
21(p)(3) of the Act by causing or allowing open dumping and open burning at the
facility on Leslie Lane in Will County, Illinois.
Under Section 31.1 of the Act, 415 ILCS 5/31.1(1996), Petrekis filed a petition
for review with the Board on December 19, 1996. A hearing on the administrative
citation was held on May 9, 1997.
On July 24, 1997, the Board entered an interim opinion and order finding that
Petrekis had violated Sections 21(p)(1) and 21(p)(3) of the Act. The Board also found
that the County and the Board were entitled to hearing costs under Section 42(b)(4) of
the Act, and ordered the County and the Clerk of the Board to file affidavits of such
costs with the Board and to serve the affidavits upon Petrekis. The Board granted
Petrekis 14 days from the date of his receipt of the affidavits to file a reply. The Board
stated that it would issue a final order assessing the statutory penalty and assessing
appropriate costs no earlier than 40 days after April 17, 1997.
On August 4, 1997, the Clerk of the Board filed an affidavit of costs stating that
the Board’s hearing costs were $357. The Clerk also filed proof that it had served the
affidavit on Petrekis on April 23, 1997. The County did not seek its hearing costs.
2
The only filing received by the Board from Petrekis was a September 17, 1997
letter stating that the respondent utility company is not in a financial position to pay the
penalty and “[w]e have no money to install fences at this time” to protect its property
from dumping or littering by unknown persons. Petrekis requests the Board to
“[p]lease reconsider”. The Board construes this letter as a motion for reconsideration
of its July 24, 1997 interim opinion and order.
In ruling on a motion for reconsideration the Board is to consider factors
including, but not limited to, error in the previous decision and facts in the record
which are overlooked. 35 Ill. Adm. Code 101.246(d). The intended purpose of a
motion for reconsideration is to bring to the court’s attention newly-discovered
evidence which was not available at the time of hearing, changes in the law or errors in
the court’s previous application of the existing law. Citizens Against Regional Landfill
v. The County Board of Whiteside (March 11, 1993), PCB 93-156; Korogluyan v.
Chicago Title & Trust Co., 213 Ill. App. 3d 622, 572 N.E.2d 1154 (1
st
Dist. 1992).
The motion to reconsider does not contain any information which points to an
error in the decision or to facts in the record which were overlooked by the Board.
Therefore, the motion to reconsider is denied.
Again, respondents do not challenge the amount of the hearing costs, only their
ability to pay. The Board hereby finds the hearing costs reasonable. Accordingly, the
Board orders respondents to pay a penalty of $1,000 for violation of Sections 21(p)(1)
and 21(p)(3) of the Act and to pay the Board’s hearing costs in the amount of $357.
This opinion and order constitutes the Board’s findings of fact and conclusions
of law.
ORDER
1. The Board finds that Utilities Unlimited, Inc. and Charles Petrekis, doing
business as Utilities Unlimited, Inc. (Petrekis) has violated Sections 21(p)(1) and
21(p)(3) of the Act, 415 ILCS 5/21(p)(3) (1996) and assesses Petrekis a penalty
of $1,000.
2.
Within 30 days of the date of this order, Petrekis shall pay to the County of Will
a penalty in the amount of $1,000 by certified check or money order made
payable to the County of Will. Petrekis shall send the payment to:
Will County Land Use Department
Solid Waste Division
Attn: Julie Juntunen, Environmental Enforcement Officer
501 Ella Avenue
Joliet, IL 60433
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Petrekis shall include the remittance form and write the case name and number
and its social security or federal employer identification number on the certified
check or money order.
3. Within 45 days of the date of this order, Petrekis shall reimburse the Board for its
hearing costs in the amount of $357 by certified check or money order made
payable to the State of Illinois, designated for deposit to the General Revenue
Fund. Petrekis shall send the payment by First Class Mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 N. Grand Avenue East
Springfield, IL 62702
Petrekis shall include the remittance form and write the case name and number
and his social security or federal employer identification number on the certified
check or money order.
4. Penalties and costs unpaid after the due date shall accrue interest pursuant to
Section 42(g) of the Illinois Environmental Protection Act.
5. Payment of this penalty does not prevent future prosecution if violations continue.
This docket is hereby closed.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996))
provides for the appeal of final Board orders to the Illinois Appellate Court within 35
days of service of this order. Illinois Supreme Court Rule 335 establishes such filing
requirements. See 145 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions
for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above opinion and order was adopted on the 18th day of September
1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
