ILLINOIS POLLUTION CONTROL BOARD
July 26, 2007
COUNTY OF JACKSON,
Complainant,
v.
ALVIN VALDEZ and RUBEN J. VALDEZ,
Respondent.
)
)
)
)
)
)
)
)
)
AC 07-34
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On July 23, 2007, the complainant filed “A Motion to Withdraw and Dismiss
Administrative Citation”. The motion concerns an administrative citation filed with the Board
on January 31, 2007, concerning a site designated with the Site Code # 0778035022 and known
to the Illinois Environmental Protection Agency as the DeSoto/Alvin Valdez site. The site is
located in Jackson County. On March 1, 2007, respondents filed a petition for review with the
Board and the Board accepted the matter for hearing on March 15, 2007.
In the motion, the complainant indicates that the site has been cleaned up and
complainant wishes to withdraw and dismiss the administrative citation. The Board therefore
dismisses the petition for review and the administrative citation and closes the docket.
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 July 26, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
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
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
