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CLERK'S
OFFICE
JAN 3 1 7007
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF JACKSON,
)
Complainant,
)
v.
)
)
AC 07-
34
ALVIN VALDEZ, and
)
RUBEN J
. VALDEZ,
)
Respondents .
)
NOTICE OF FILING
TO:
Alvin and Ruben J. Valdez, 211 N
. Walnut Street, DeSoto, Illinois 62924
PLEASE TAKE NOTICE that I have filed with the Office of the Clerk of the Illinois
Pollution Control Board the Complaint for Administrative Citation, a copy of which is herewith
served upon you .
I • '
S4AV
Daniel Brenner
! .L
1
Assistant State's Attorney
January 18, 2007
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
 
BEFORE THE ILLINOIS POLLUTION CONTROL BO%RCLERK'S
RCEIVEC
OFFICE
COUNTY OF JACKSON,
)
JAN 3 1 2007
Complainant,
)
Pollution
STATE OF
Control
ILLINOISBoard
v.
)
AC 07
-
ALVIN VALDEZ and
)
i~e
aJe, 07790 3So z
RUBEN J . VALDEZ,
)
Respondents .
)
Serve on
: Alvin Valdez, 211 N. Walnut Street, PO Box 163, DeSoto, Illinois
62924
PROOF OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the Administrative
Citation and Appearance were hand delivered to :
Name:
PLEASE RETURN TO :
DANIEL BRENNER
JACKSON COUNTY STATE'S ATTORNEY'S OFFICE
Address :
Sex:
AgeDate :
of
service Male :
V
l ~,7
l~k
Female
1
2007.
Time:
m.
/S/ Robert Burns, Jackson Co . Sheriff
By his Deputy
t o 1-ov~23V
 
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of Jackson .
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3'
d Floor
Murphysboro, IL 62966
618-687-7200
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 3
1 2007
COUNTY OF JACKSON,
)
Complainant,
)
v.
)
AC 07-
3
Pollution
STATE
OControl
Board
)
ALVIN VALDEZ and
)
RUBEN J . VALDEZ,
)
Respondents .
)
 
RCLERK'S
ECEIVEDOFFICE
BEFORE THE
ADMINISTRATIVE
ILLINOIS POLLUTION
CITATIONCONTROL
BOARD
JAN 31 2007
STATE OF ILLINOIS
COUNTY OF JACKSON,
)
Pollution Control Board
Complainant,
)
v.
)
AC
Site
07Code-
3~
: 0778035022
ALVIN VALDEZ and
)
RUBEN J . VALDEZ,
)
Respondents.
)
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1 et . seq
. (2004), specifically 415 ILCS
5/31 .1 .
FACTS
1 . The Respondent, Alvin Valdez, is the present owner and occupant and in control and
possession of a facility located in the County of Jackson, State of Illinois .
2. The Respondent, Ruben J
. Valdez, upon information and belief, is Alvin Valdez's
father and is in control and possession and an occupant of a facility located in the County of
Jackson, Illinois .
2
. The facility is an open dump, operating without an Illinois Environmental Protection
Agency Operating Permit, and designated with the Site Code # 0778035022 . The facility is
known to the Agency as the DeSoto/Alvin Valdez site .
3
. The Respondents have owned, occupied, controlled and/oroperated the facility at
all relevant times hereto .
 
4
. On January 9,2007, Don Terry, Field Inspector, Jackson County Health Department,
inspected the facility
. A true and correct copy of the inspection report, along with Mr
. Terry's
affidavit, are attached and incorporated herein by reference as Exhibit A
.
VIOLATIONS
On the basis of Field Inspector, Don Terry's, direct nbserva_tion ,
he has determined that
the Respondents have caused or allowed open dumping at the above described facility in a
manner that resulted in the following violations
:
That on January 9, 2007, an on-site inspection of the facility disclosed the following
:
1
. The Respondents have caused orallowed litter at the facility in violation of 415 ILCS
5/21(p)(1) .
2
. The Respondents have caused orallowed open burning at the facility in violation of
415 ILCS 5/21(p)(3) .
CIVIL PENALTY
In accordance with 415 ILCS 5/42
(b)(4-5), the Respondents are subject to a civil
penalty of $1,500
.00 for each of the violations specified above . Additionally, should the
Respondents elect to petition the Illinois Pollution Control Board under the review process
described below, after an adjudicatory hearing, the Respondents shall be assessed the
hearing costs incurred by the Pollution Control Board
. The hearing cost would be in addition
to the $3,000 .00 fine .
If you acknowledge the violations cited herein above, the civil penalty shall be due and
payable no later than March 1, 2007
. If you do not petition the Pollution Control Board for
review of the Administrative Citation within 35 days of service of the Administrative Citation,
orcontest the Citation, any judgment that may be rendered against you shall specifythe due
 
date of the civil fine and any additional costs assessed against you .
When payment is made, yourcheck should be made payable to the Jackson County's
Treasurer Office and mailed to the attention of Shirley Dillinger Booker, Jackson County
Treasurer, Murphysboro, Illinois, 62966
. Also, please complete and return the enclosed
remittance form, along with your payment, to assure proper credit
.
If any civil penalty is not paid within the prescribed time, the law allows for the
accumulation and payment of interest on the remaining unpaid balance
. If any civil penalty is
not paid when due, the Office of the State's Attorney shall be requested to initiate proceedings
in Circuit Court to collect the penalty
. In addition to the civil penalty, hearing costs, and
interest, if any, the Jackson County State's Attorney may seek to recover their costs of
litigation .
PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION
You have the right to contest this Citation, pursuant to 415 ILCS 5/31
.1 . If you elect to
contest this Citation, you must file a Petition For Reviewwith the Clerk of the Illinois Pollution
Control Board . A copy of the Petition For Review shall be filed with Daniel Brenner, Assistant
State's Attorney, Jackson County Courthouse, Third Floor, Murphysboro, 1162966
.
Your
Petition For Review must be filed within 35 days of the date of service of the present
citation on you . If you fail to file your Petition, a Default Order against you will be
entered by the Pollution Control Board . Your original Petition must be filed with the Clerk
of the Board at :
Clerk
Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
 
A copy must also be sent to :
DATED :
tiJ~}n1
, 2007
Office of the State's Attorney
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, 3` d Floor
Murphysboro, 1162966
Daniel Brenner
Assistant State's Attorney
 
REMITTANCE FORM
COUNTY OF JACKSON,
)
Complainant,
)
v .
)
NO. AC 07 -~
ALVIN VALDEZ and
)
RUBEN J . VALDEZ,
)
Respondents
.
)
FACILITY:
DeSoto/Alvin Valdez Site
COUNTY :
JACKSON
DATE OF INSPECTION : January 9, 2007
SITE CODE :
0778035022
CIVIL PENALTY :
$3,000 .00
SS/FEIN
Date Remitted#
Signature
NOTE
Please include the information on the blank lines . Mail this form with your check to :
Shirley Dillinger Booker
Jackson County Treasurer
Jackson County Courthouse
Murphysboro, Illinois, 62966
RECEIVED
JAN
3 1
2007
Pollution
STATE OF
Control
ILLINOISBoard
 
JACKSON COUNTY HEALTH DEPARTMENT
AFFIDAVIT
IN THE MATTER OF:
0 77 803 5022 / Jackson County
DeSoto / Alvin Valdez
COMPLIANCE FILE
Respondent.
Affiant, Don Terry, being first duly sworn, voluntarily deposes and states as follows
:
Affiant is a field inspector employed by Jackson County Health Department and
has been so employed at all times pertinent hereto .
2.
On January 9, 2007, between the hours of 10 :50 am and 11
:06 am, Affiant
conducted an inspection of the open dump site known as DeSoto / Alvin Valdez,
Jackson County, Illinois
.
3 .
Affiant inspected said open dump site by an on-site inspection.
4.
As a result of the activities referred to in Paragraphs 2 and 3 above, Affiant
completed the Inspection Report form attached hereto and made a part hereof,
which, to the best of Affiant's knowledge and belief, is an accurate representation
of Affiant's observations and factual conclusions with respect to said Alvin
Valdez, DeSoto, Illinois, open dump site
.
Don Terry
Environmental Comp
le
Inspector
Subscribed and Sworn To before me
this /(o
day
of
_3T"1-La-v4
,
2007
'` J
L I
Notary
"OFFICIAL
TracyPublic,
L.
State
Hartung
SEAL"
of Illinois
My Commission Expires 8/24/10
 
Location/Site Name :
DeSoto / Alvin Valdez
Date :
01/09/2007 Time : From 10:50 am To 11 :06 am Previous Inspection Date
: 07/10/2006
Inspector(s)
:
Don Terry
Weather : 38°F -- cloudy with strong NW winds
No
. of Photos Taken : #
14
Est . Amt . of Waste : 335
yds3 Samples Taken
: Yes #
No
Interviewed :
no one
Complaint # :
Latitude : 37.82693
Longitude : -89 .25043
Collection Point Description
: Site Entrance-
(Example : Lat. : 41 .26493
Long . :-89.38294)
Collection Method
: GPS -Accuracy +1- 13
Responsible Party
Mailing Address(es)
and Phone Number(s) :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Open Dump Inspection Checklist
County :
Jackson
LPC#:
077 803 5022
Region : 7 - Marion
**OWNER**
Mr. Alvin Valdez
211 N
. Walnut
P . O . Box 163
DeSoto, IL 62924
**OPERATOR**
Mr. Ruben J . Valdez
211 N. Walnut
DeSoto, IL 62924
Revised 10/5/2005
(Open Dump - 1 )
SECTION
DESCRIPTION
VIOL
ILLINOIS ENVIRONMENTAL PROTECTION ACT REQUIREMENTS
1 .
9(a)
CAUSE, THREATEN OR ALLOW AIR POLLUTION IN ILLINOIS
11
2 . 9(c)
CAUSE OR ALLOW OPEN BURNING
11
3 . 12(a)
CAUSE, THREATEN OR ALLOW WATER POLLUTION IN ILLINOIS
4 .
12(d)
CREATE A WATER POLLUTION HAZARD
5 . 21 (a)
CAUSE OR ALLOW OPEN DUMPING
11
6 . 21(d)
CONDUCT ANY WASTE-STORAGE, WASTE-TREATMENT, OR WASTE- DISPOSAL
OPERATION :
(1)
Without a Permit
11
(2)
In Violation of Any Regulations or Standards Adopted by the Board
11
7 . 21(e)
DISPOSE, TREAT, STORE, OR ABANDON ANY WASTE, OR TRANSPORT ANY
WASTE INTO THE STATE AT/TO SITES NOT MEETING REQUIREMENTS OF ACT
11
8 . 21(p)
CAUSE OR ALLOW THE OPEN DUMPING OF ANY WASTE IN A MANNER WHICH RESULTS
IN ANY OF THE FOLLOWING OCCURRENCES AT THE DUMP SITE ,
(1)
Litter
11
(2)
Scavenging
(3)
Open Burning
11
(4)
Deposition of Waste in Standing or Flowing Waters
(5)
Proliferation of Disease Vectors
(6)
Standing or Flowing Liquid Discharge from the Dump Site
 
LPC #
077 803 5022
Inspection Date :
01/09/2007
Informational Notes
1 .
[Illinois] Environmental Protection Act : 415 ILCS 5/4
.
2 .
Illinois Pollution Control Board
: 35 III . Adm . Code, Subtitle G .
3.
Statutory and regulatory references herein are provided for convenience only and should not be construed as legal
conclusions of the Agency or as limiting the Agency's statutory or regulatory powers .
Requirements of some statutes
and regulations cited are in summary format
. Full text of requirements can be found in references listed in 1 . and 2 .
above .
4.
The provisions of subsection (p) of Section 21 of the [Illinois] Environmental
Protection Act shall be enforceable either
by administrative citation under Section 31
.1 of the Act or by complaint under Section 31 of the Act .
5.
This inspection was conducted in accordance with Sections 4(c) and 4(d) of the [Illinois]
Environmental Protection Act:
415 ILCS 5/4(c) and
(d).
6.
Items marked with an "NE" were not evaluated at the time of this inspection
.
Revised 10/5/2005
(Open Dump - 2)
Deposition of General Construction or Demolition Debris
; or Clean Construction or
Demolition Debris
NO PERSON SHALL :
Cause or Allow Open Dumping of Any Used or Waste Tire
~~
Cause or Allow Open Burning of Any Used or Waste Tire
4 s*f :
i fat aH
k
me
,
„ ,
35';ILLINOIS'ADMINISTRATIVE
CODE REQUIREMENTS'
SUBTITLE
: G:
10. 812
.101(a)
FAILURE TO SUBMIT AN APPLICATION FOR A PERMIT TO DEVELOP AND
OPERATE A LANDFILL
~~
11 . 722.111
HAZARDOUS WASTE DETERMINATION
12
.
808
.121
SPECIAL WASTE DETERMINATION
13.
14.
809 .302(a)
ACCEPTANCE OF SPECIAL WASTE FROM A WASTE TRANSPORTER WITHOUT A
WASTE HAULING PERMIT, UNIFORM WASTE PROGRAM REGISTRATION AND
PERMIT AND/OR MANIFEST
OTHER. REQUIREMENTS
A
APPARENT VIOLATION OF :( )PCB ;( ) CIRCUIT COURT
CASE NUMBER:
ORDER ENTERED ON
:
15. OTHER :
807
.201 Developmental Permit & 807 .202 Operational Permit
~~
 
Inspection Report Document:
0 • en Dum • Site Narrative
Date of Inspection : January 9, 2007
Site Code :
077 803 5022
Site Name : DeSoto / Alvin Valdez
Location
: Lat 37.82693 Long -89 .25043
Approximate Volume ofWaste at Site : 335 cubic feet
GENERAL REMARKS
Inspector:
Don Terry
County: Jackson
Time: 10:50 am - 11 :06 am
GPS Accuracy
: +/- 13 feet
On January 31, 2006 this inspector and Bart Hagston of the Jackson County Health Department
met at the site with site's operator, Mr. Reuben Valdez (father of site owner, Alvin Valdez) to
discuss ways to bring the site into compliance . During this field visit, Mr . Valdez was asked if he or
his son were operating an automobile parts or automobile salvage business given the large
number of vehicles at the site . Mr
. Valdez said that they were not operating any automobile
business and all of the vehicles were for their personal use . He also said that he had brought
some of the vehicles to Illinois from North Dakota .
During the stated date and time, I conducted an inspection of the site listed above . This inspection
was made as a follow up to an inspection conducted of the site on July 10, 2006, during which
open dumping violations were observed . Weather conditions at the time of the inspection were
:
cloudy with strong northwest winds and a temperature of approximately 38°F
. I was accompanied
on this inspection by Bart Hagston of the Jackson County Health Department
.
According to the Jackson County Assessor's Office, the site is owned by Alvin Valdez .
I arrived at the site and from Dumaroc Road, a public roadway, I observed abandoned vehicles
open dumped at the site as observed during previous inspections (Photos #13 & #14, Site
Sketch).
I entered the site to begin my inspection . I observed abandoned vehicles of various makes and
models that had been open dumped on this site (Photos #1
- #5, Site Sketch Areas A & B) . At
the time of the inspection, these vehicles were not in use, were not useable in their current
condition, and were not stored in such a way as to protect any future use .
To the north of Mobile Home A (See Site Sketch), I observed a waste pile that consisted of, but
was not limited to
: lawn mowers, waste tires and white goods (Photo #6, Site Sketch Area B)
. At
the time of the inspection, these items were not in use, were not useable in their current condition,
and were not stored in such a way as to protect any future use
.
 
Page
2
077 803 5022
DeSoto I Alvin Valdez
January 9, 2007
To the west of Mobile Home A, I observed another waste pile
(Photo #7, Site Sketch Area B) .
This waste consisted of, but was not limited to : waste tires, carpet, and scrap metal .
To the north of Mobile Home B (See Site Sketch), I observed a burn pile (Photo #8, Site
Sketch
Area B) . This pile consisted of but was not limited to : ash, household garbage, paper products,
wood packaging, metal cans, scrap metal, cardboard, fabric, plastic bottles and plastic bags
.
I walked south from Mobile Home B and observed more abandoned vehicles (Photos #9 -
#12,
Site Sketch Areas A & C)
. At the time of the inspection, these vehicles were not in use, were not
useable in their current condition, and were not stored in such a way as to protect any future use
.
During the inspection, I observed approximately forty-eight abandoned vehicles that had been
open dumped on the site .
Some of the non-vehicular waste appeared to be in the same location and in the same condition
as observed during my previous inspection
(IE -
Photo #4, Site Sketch, white plastic tank) .
The total volume of waste observed during the inspection was approximately 335 cubic yards.
My inspection ended at approximately 11 :06 am .
Violations Observed :
Item#1(9)(a)
: Cause, threaten or allow air pollution in Illinois ; Item #2(9)(c) :
Cause or allow
open burning ; Item#8(21)(p)(3): Cause or allow the open dumping of any waste in a
manner which results in any of
the following
occurrences at the dump site : (3) Open
Burning : During the inspection the open dumping of waste that resulted in open burning and
which caused, threatened or allowed air pollution in Illinois was observed .,
Item #5(21)(a} :
Cause or allow open dumping ;
Item #8(21)(p)(1& 7)
:
Cause or allow the
open dumping of any waste in
a manner which
results in any of the following occurrences
at the dump
site: (1) Litter: During the inspection the open dumping of waste that resulted in
litter was observed .
Item #6(21)(d)111 : Conduct any waste-storage, waste-treatment, or waste-disposal
operation : Without a permit : At the time of the inspection, this office had no record that the site
owner had obtained a permit from the Illinois Environmental Protection Agency to conduct a
waste-storage, waste-treatment or waste-disposal operation
.
Item#6(21)(d)(2) : Conduct any
waste-storage, waste-treatment, or waste-disposal
operation : In violation of any regulations or standards adopted by the Board : During the
inspection, violations of regulations and standards adopted by the Board regarding daily cover and
litter control were observed.
 
Page 3
077 803 5022
DeSoto / Alvin Valdez
January 9, 2007
Item #7t21)(e) : Dispose, treat, store, or abandon any waste, or transport any waste into the
State at/to sites not meeting requirements of the Act :
During the inspection waste that had
been transported to this site for disposal, treatment, storage or abandonment was observed
.
During a field visit to the site conducted on January 31, 2006, Mr
. Valdez confirmed that the
vehicles observed at the site had been brought to the site from another location .
Item#9(55)(a)(1)
: No person shall
: Cause or allow open dumping of any used or waste tire
:
During the inspection the open dumping of waste tires was observed
.
Item #10(812
.101)(a) :
Failure to submit an application for a permit to develop and operate a
landfill: At the time of the inspection, this office had no record that the site owner had applied for
a permit to develop or operate a landfill .
Item #15(807
.201):
Failure to obtain a Developmental Permit to operate a solid waste
management site : At the time of the inspection, this office had no record that the site owner had
obtained a Developmental Permit to operate a solid waste management site
.
Item #15(807 .202) : Failure to obtain an Operational Permit to operate a solid waste
management site : At the time of the inspection, this office had no record that the site owner had
obtained an Operational Permit to operate a solid waste management site .
 
Not Drawn to Scale
All Locations Are Approximate
0
-00-
Indicates Approximate Location & Direction of Photos
r
Date Of Inspection : January 9, 2007
Site Code : 077 803 5022
Site Name:
DeSoto / Alvin Valdez
Location: Lat 37.82693 Long -89.25043
Mobile Home B
C
3 4
OPEN DUMP INSPECTION
SITE SKETCH
Mobile Home A
Truck trailers
-------------
Building
-------------
Dumaroc Rd.
Inspector : Don Terry
County: Jackson
Time : 10 :50 am -11 :06 am
Accuracy= +/- 13 feet
4<
Approximate site boundary
4<-
Gravel
drive
G = approximate GPS data
collection point
tN
 
Cw3
Jackson County Inspection Digital Photo Sheet - Page 1
Date of Inspection : January 9, 2007
Photos by: Don Terry
Photo Name :
0778035022-01092007-01
Time: 10:55 am
Photo Taken Toward :
Northwest
Photo Name:
0778035022-01092007-02
Time: 10:56 am
Photo Taken Toward :
Northwest
Site # : 077 803 5022
Site Name: DeSoto / Alvin Valdez
 
t
w
3
Jackson County Inspection Digital Photo Sheet
- Page 2
Date of Inspection : January 9, 2007
Photos by : Don Terry
Photo Name:
0778035022-01092007-03
Time: 10 :56 am
Photo Taken Toward :
Northwest
Photo Name:
0778035022-01092007-04
Time: 10:56 am
Photo Taken Toward :
North
Site # : 077 803 5022
Site Name : DeSoto / Alvin Valdez
 
C
A ,
Date of Inspection : January 9, 2007
Site #: 077 803 5022
Photos by
: Don Terry
Site Name : DeSoto / Alvin Valdez
Photo Name
:
0778035022-01092007-05
Time: 10 :56 am
Photo Taken Toward :
North
Photo Name :
0778035022-01092007-06
Time: 10 :57 am
Photo Taken Toward :
Northwest
Jackson County Inspection Digital Photo Sheet - Page 3
 
Jackson County Inspection Digital Photo Sheet
- Page 4
Date of Inspection
: January 9, 2007
Site #
: 077 803 5022
Photos by : Don Terry
Site Name
: DeSoto / Alvin Valdez
Photo Name :
0778035022-01092007-07
Time: 10
:57 am
Photo Taken Toward
:
Northwest
Photo Name:
0778035022-01092007-08
Time: 10:58 am
Photo Taken Toward
:
Northwest
 
Date of Inspection
: January 9, 2007
Photos by: Don Terry
Photo Name :
0778035022-01092007-09
Time:
10 :59 am
Photo Taken Toward
:
Southwest
Photo Name:
0778035022-01092007-10
Time:
10:59 am
Photo Taken Toward :
Southwest
Jackson County Inspection Digital Photo Sheet
- Page 5
Site #: 077 803 5022
Site Name
: DeSoto / Alvin Valdez
 
Jackson County Inspection Digital Photo Sheet
- Page 6
Date of Inspection : January 9, 2007
Photos by: Don Terry
Photo Name:
0778035022-01092007-11
Time : 10:59
am
Photo Taken Toward :
East
Photo Name:
0778035022-01092007-12
Time : 10:59 am
Photo Taken Toward
:
West
Site #: 077 803 5022
Site Name
: DeSoto / Alvin Valdez
 
0778035022-01092007-13
Time : 11 :03 am
Photo Taken Toward :
North
Photo Name :
0778035022-01092007-14
Time: 11 :03 am
Photo Taken Toward
:
Northeast
Jackson County Inspection Digital Photo Sheet - Page 7
Date of Inspection : January 9, 2007
Site # : 077 803 5022
Photos by: Don Terry
Site Name : DeSoto / Alvin Valdez
Photo Name :

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