ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LAWRENCE ABRAHAM
BARTOLOMUCCI,
Respondent.
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AC 07-36
(IEPA No. 29-07-AC)
AC 07-37
(IEPA No. 30-07-AC
AC 07-38
(IEPA No. 31-07-AC
(Administrative Citation)
(Consolidated)
ORDER OF THE BOARD (by G.T. Girard):
On February 7, 2007, the Illinois Environmental Protection Agency timely filed three
administrative citations against Lawrence Abraham Bartolomucci (Bartolomucci).
See
415 ILCS
5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Board docketed the three administrative
citations as AC 07-36, AC 07-37, and AC 07-38. The administrative citations concern three sites
allegedly formerly owned and operated by Bartolomucci. The sites are located in Mt. Vernon,
Jefferson County. Bartolomucci filed a single petition on his own behalf, seeking to contest all
three administrative citations. For the reasons below, the Board accepts Bartolomucci’s petition
to contest the administrative citations. The Board also consolidates the three proceedings for
purposes of hearing, but not necessarily for decision.
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) (2002); 35 Ill. Adm. Code 108.
AC 07-36 concerns a site commonly known to the Agency as “Beard, Benny (formerly
Bartolomucci, Abe)” and designated with Site Code No. 0818085004. In this administrative
citation, the Agency alleges that Bartolomucci violated Sections 21(p)(1) and (p)(7) of the Act
by causing or allowing the open dumping of waste in a manner resulting in litter and the
deposition of general or clean construction or demolition debris.
See
415 ILCS 5/21(p)(1), (p)(7)
(2004). In AC 07-36, the Agency asks the Board to impose on Bartolomucci a $1,500 civil
penalty for each of the two alleged violations, for a total civil penalty of $3,000.
AC 07-37 concerns a site commonly known to the Agency as “Mt. Vernon/Ortiesen
(formerly Bartolomucci, Abe)” and designated with Site Code No. 0818035004. In this
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administrative citation, the Agency alleges that Bartolomucci violated Section 21(p)(1) of the
Act by causing or allowing the open dumping of waste in a manner resulting in litter.
See
415
ILCS 5/21(p)(1) (2004). In AC 07-37, the Agency asks the Board to impose on Bartolomucci a
$1,500 civil penalty for the alleged violation.
AC 07-38 concerns a site commonly known to the Agency as “Dycus-Adams (formerly
Bartolomucci, Abe)” and designated with Site Code No. 0818080002. In this administrative
citation, the Agency alleges that Bartolomucci violated Sections 21(p)(1) and (p)(7) of the Act
by causing or allowing the open dumping of waste in a manner resulting in litter and the
deposition of general or clean construction or demolition debris.
See
415 ILCS 5/21(p)(1), (p)(7)
(2004). In AC 07-38, the Agency asks the Board to impose on Bartolomucci a $1,500 civil
penalty for each of the two alleged violations, for a total civil penalty of $3,000.
As required, the Agency served each of the three administrative citations on
Bartolomucci within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b)
(20020);
see also
35 Ill. Adm. Code 101.300(c), 108.202(b). On March 12, 2007, Bartolomucci
timely filed a petition on his own behalf, seeking to contest the three administrative citations.
See
415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Bartolomucci alleges that he has
“never operated an open waste site.” Petition (Pet.) at 1. The petition further states that
Bartolomucci had no control over the piles of materials, which were caused either by the
auctioneer’s staff or the new landowners.
Id
.;
see also
35 Ill. Adm. Code 108.206. In the
petition, Bartolomucci describes his continuing serious health problems and states that his “letter
of petition covers all violations and charges that have been filed against me.” Pet. at 4.
The Board accepts the petition for hearing and, for the reasons below, consolidates AC
07-36, AC 07-37, and AC 07-38 for purposes of hearing. Under the Board’s procedural rules:
The Board, upon the motion of any party or upon its own motion, may consolidate
two or more proceedings for the purpose of hearing or decision or both. The
Board will consolidate the proceedings if consolidation is in the interest of
convenient, expeditious, and complete determination of claims, and if
consolidation would not cause material prejudice to any party. The Board will not
consolidate proceedings where the burdens of proof vary. 35 Ill. Adm. Code
101.406.
Here, all of the administrative citations involve the same parties and concern sites in Mt.
Vernon, Jackson County. Additionally, in each of these proceedings, the Agency has the burden
to prove one or more alleged open dumping violations. Moreover, the three administrative
citations are based on site inspections conducted by the same Agency inspector on the same day.
Under these circumstances, the Board finds that consolidating the three proceedings for purposes
of hearing would serve the interests articulated above in Section 101.406 of the Board’s
procedural rules. The Board therefore, on its own motion, consolidates these three
administrative citation proceedings for purposes of hearing, but not necessarily for decision.
See
County of Jackson v. Egon Kamarasy, AC 04-63, AC 04-64 (cons.) (Sept. 2, 2004).
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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.
See
35 Ill. Adm. Code
108.300; 415 ILCS 5/31.1(d)(2) (2004). By contesting the administrative citation, Bartolomucci
may have to pay the hearing costs of the Board and the Agency.
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.
Bartolomucci may withdraw his petition to contest the administrative citations at any
time before the Board enters its final decision. If Bartolomucci 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
Bartolomucci withdraws his petition after the hearing starts, the Board will require Bartolomucci
to pay the hearing costs of the Board and the Agency.
See id.
at 108.500(c).
As indicated above, the Agency 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 Bartolomucci has
violated Section 21(p)(1) or (p)(7), the Board will impose civil penalties on Bartolomucci. 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 Bartolomucci “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 March 15, 2007, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
