ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
ORDER

July 26, 2007

ILLINOIS ENVIRONMENTAL

(Administrative Citation)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On June 11, 2007, the Illinois Environmental Protection Agency (Agency) timely filed an

administrative citation against Marcela Mendoza (respondent).

See

415 ILCS 5/31.1(c) (2006);

35 Ill. Adm. Code 108.202(c). The administrative citation concerns a site commonly known as

Rantoul/East Side Mobile Home Village, with Site Code No. 198085002, and located at 1938

County Road 3000N-#14, Rantoul, Champaign County. For the reasons below, the Board finds

that respondent violated the Environmental Protection Act (Act) (415 ILCS 5 (2006)) and orders

respondent to pay $3000 in civil penalties.

Under the Act, 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) (2006); 35 Ill.

Adm. Code 108.

In this case, the Agency alleges that respondent violated Sections 21(p)(1) and (p)(7) of

the Act (415 ILCS 5/21(p)(1) and (p)(7) (2006)) by operating an open dump resulting in: (1)

litter; and (2) deposition of general construction or demolition debris or clean construction or

demolition debris. The Agency asks the Board to impose a $3000 civil penalty on respondent.

As required, the Agency served the administrative citation on respondent within “60 days after

the date of the observed violation.” 415 ILCS 5/31.1(b) (2006);

see also

35 Ill. Adm. Code

108.202(b).

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) (2006); 35 Ill. Adm. Code 108.204(b),

108.406. Here, any petition for review was due on July 13, 2007. Respondent failed to timely

file a petition. Accordingly, the Board finds that respondent violated Sections 21(p)(1) and

(p)(7) of the Act (415 ILCS 5/21(p)(1) (p)(7) (2006)).

The civil penalty for violating Section 21(p) is $1500 for each violation. 415 ILCS

5/42(b)(4-5) (2006); 35 Ill. Adm. Code 108.500(a). Because there are two violations, the total

civil penalty is $3000. Under Section 31.1(d)(1) of the Act, the Board attaches the

administrative citation and makes it part of the order below.

This opinion constitutes the Board’s finding of fact and conclusions of law.

ORDER

Respondent must pay a civil penalty of $3000 no later than August 27, 2007,

which is the first business day following the 30th day after the date of this order.

Respondent must pay the civil penalty by certified check or money order, made

payable to the Illinois Environmental Protection Trust Fund.

Respondent must send the certified check or money order and the remittance form

to:

Fiscal Services

Illinois Environmental Protection Agency

1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2006)).

Payment of this penalty does not prevent future prosecution if the violations

continue.

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/41(a) (2006);

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The

Board’s procedural rules provide that motions for the Board to reconsider or modify its final

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code

101.520;

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on July 26, 2007, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V .

MARCELO MENDOZA,

Respondent .

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S 

RECEIVEDOFFICE

ADMINISTRATIVE CITATION

JUN 1 

12007

To :          

Marcelo Mendoza

East Side Mobile Home Village

1938 County Road 

3000N- #10

Rantoul, Illinois 61866

PLEASE TAKE NOTICE that on this date I mailed for filing with 

the Clerk of the Pollution

Control Board of the State of Illinois the following instrument(s) 

entitled ADMINISTRATIVE

CITATION, AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST 

.

Respectfully submitted,

NOTICE OF FILING

Miche e M 

. Ryan

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P

.O

. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Dated :       June 7, 2007

THIS FILING SUBMITTED ON RECYCLED PAPER

Pollution 

STATE OFControl 

ILLINOIS

Board

AC D1

(IEPA No 

. 165-07-AC)

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S OFFICE

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

V .

)

MARCELO MENDOZA,

)

Respondent .

)

AC

61

_~A

(IEPA No . 165-07-AC)

JUN 1 1 2007

STATE OF ILLINOIS

Pollution Control Board

JURISDICTION

This Administrative Citation is issued pursuant to the authority vested in the Illinois

Environmental Protection Agency by Section 31 

.1 of the Illinois Environmental Protection Act, 415

ILCS 5/31 .1 (2004) .

FACTS

1 .

That Marcelo Mendoza ("Respondent") is the present owner of a facility located at

1938 County Road 3000N-#14, Rantoul, Champaign County, Illinois

. The property is commonly

known to the Illinois Environmental Protection Agency as Rantoul/East Side Mobile Home Village

.

2 .

That said facility is an open dump operating without an Illinois Environmental

Protection Agency Operating Permit and is designated with Site Code No

. 0198085002 .

3.

That Respondent has owned said facility at all times pertinent hereto 

.

4.

That on May 17, 2007, Kenneth Keigley of the Illinois Environmental Protection

Agency's Champaign Regional Office inspected the above-described facility 

. A copy of his

inspection report setting forth the results of said inspection is attached hereto and made a part

hereof

.

VIOLATIONS

Based upon direct observations made by Kenneth Keigley during the course of his May 17,

2007 inspection of the above-named facility, the Illinois Environmental Protection Agency has

determined that Respondent has violated the Illinois Environmental Protection Act (hereinafter, the

"Act") as follows :

(1)  That Respondent caused or allowed the open dumping of waste in a manner

resulting in litter, a violation of Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)

(2004).

(2)

That Respondent caused or allowed the open dumping of waste in a manner

resulting in the deposition of general construction or demolition debris ; or clean

construction or demolition debris, a violation of Section 21 (p)(7) of the Act, 41,5 ILCS

5/21 (p)(7) 

(2004) .

CIVIL PENALTY

Pursuant to Section 42(b)(4-5) of the Act, 415 ILCS 5/42(b)(4-5) (2004), Respondent is

subject to a civil penalty of One Thousand Five Hundred Dollars ($1,500 .00) for each of the

violations identified above, for a total of 

Three Thousand Dollars ($3,000 .00).   If Respondent elects

not to petition the Illinois Pollution Control Board, the statutory civil penalty specified above shall be

due and payable no later than July 31, 2007, 

unless otherwise provided by order of the Illinois

Pollution Control Board .

If Respondent elects to contest this Administrative Citation by petitioning the Illinois Pollution

Control Board in accordance with Section 31 .1 of the Act, 415 ILCS 5/31 

.1 (2004), and if the Illinois

Pollution Control Board issues a finding of violation as alleged herein, after an adjudicatory hearing,

Respondent shall be assessed the associated hearing costs incurred by the Illinois Environmental

2

Protection Agency and the Illinois Pollution Control Board

. Those hearing costs shall be assessed

in addition to the One Thousand Five Hundred Dollar ($1,500 

.00) statutory civil penalty for each

violation .

Pursuant to Section 31 .1(d)(1) of the Act, 415 ILCS 5/31 

.1(d)(1) (2004), if Respondent fails

to petition or elects not to petition the Illinois Pollution Control Board for review of this Administrative

Citation within thirty-five (35) days of the date of service, the Illinois Pollution Control Board

shall

adopt a final order, which shall include this Administrative Citation and findings of violation 

as

alleged herein, and shall impose the statutory civil penalty specified above 

.

When payment is made, Respondent's check shall be made payable to the 

Illinois

Environmental Protection Trust Fund and mailed to the attention of Fiscal

Services, Illinois

Environmental Protection Agency, 1021 North Grand Avenue East, P 

.O . Box 19276, Springfield,

Illinois 62794-9276 

. Along with payment, Respondent shall complete and return the enclosed

Remittance Form to ensure proper documentation of payment

.

If any civil penalty and/or hearing costs are not paid within the time prescribed by order of the

Illinois Pollution Control Board, interest on said penalty and/or hearing costs shall be assessed

against the Respondent from the date payment is due up to and including the date that payment is

received 

. The Office of the Illinois Attorney General may be requested to initiate proceedings

against Respondent in Circuit Court to collect said penalty and/or hearing costs, plus any interest

accrued .

3

PROCEDURE FOR CONTESTING THIS

ADMINISTRATIVE CITATION

Respondent has the right to contest this Administrative Citation pursuant to and in

accordance with Section 31 

.1 of the Act, 415 ILCS 5/31/1 (2004)

. If Respondent elects to contest

this Administrative Citation, then Respondent shall file a signed Petition for Review, including a

Notice of Filing, Certificate of Service, and Notice of Appearance, with the Clerk of the Illinois

Pollution Control Board, State of Illinois Center, 100 West Randolph, Suite 11-500, Chicago, Illinois

60601

. A copy of said Petition for Review shall be filed with the Illinois Environmental Protection

Agency's Division of Legal Counsel at 1021 North Grand Avenue East, P 

.O

. Box 19276, Springfield,

Illinois 62794-9276 

. Section 31 

.1 of the Act provides that any Petition for Review shall be filed within

thirty-five (35) days of the date of service of this Administrative Citation or the Illinois Pollution

Control Board shall enter a default judgment against the Respondent 

.

Douglas P 

cott, Director

wc.L

Illinois Environmental Protection gency

Prepared by:

Susan E . Konzelmann, Legal Assistant

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O . Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

4

RECEIVEDCLERK'S 

OFFICE

REMITTANCE FORM

JUN 1 1 2007

ILLINOIS ENVIRONMENTAL

)

STATE OF ILLINOIS

PROTECTION AGENCY,

)

Pollution Control Board

Complainant,

)

AC 61-G4

v

)

(IEPA No. 165-07-AC)

MARCELO MENDOZA,

)

Respondent.

FACILITY:

Rantoul/East Side Mobile Home Village SITE CODE NO 

. :         0198085002

COUNTY 

:

Champaign

CIVIL PENALTY :         $3,000.00

DATE OF INSPECTION :

May 17, 2007

DATE REMITTED :

SS/FEIN NUMBER :

SIGNATURE :

NOTE

Please enter the date of your remittance, your Social Security number (SS) if an individual or

Federal Employer Identification Number (FEIN) if a corporation, and sign this Remittance Form .  Be

sure your check is enclosed and mail, along with Remittance Form, to Illinois Environmental

Protection Agency, Attn . : Fiscal Services, P .O. Box 19276, Springfield, Illinois 

62794-9276 .

5