RECEOVED
CLERK'S OFFICE
JAN • 2 9 2008
STATE
OF ILLINOIS
OFFICE OF THE STATE'S ATTORNEY
Pollution Control Board
DUPAGE COUNTY, ILLINOIS
JOSEPH E. BIRKETT
STATE'S ATTORNEY
January 29, 2008
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Re:
Administrative Citation – Margarito Sotelo
AC# *****
Site Code 0438075018
Inspection Date: December 3, 2007
Dear Clerk:
503 N. COUNTY FARM ROAD
WHEATON, ILLINOIS 60187
(630) 407-8000
(630) 407-8003 (TDD)
(630) 407-8171 FAX (CRIMINAL)
(630) 407-8201 FAX (CIVIL)
(630) 407-8006 FAX (CHILD SUPPORT/
COMPLAINTS)
Enclosed for filing with the Board is the Administrative Citation packet issued against
Margarito Sotelo.
The Respondent's mailing address is 31W152 Lee Road; West Chicago, IL, 60185. I will
send you the date, and proof of such, of service of the Citation on the Respondent. The site is
known as the Sotelo site.
Please acknowledge receipt and filing of the enclosed materials. Thank you.
Sincerely,
Mary Fleming
Assistant State's Attorney
enclosures
BEFORE THE ILLINOIS POLLUTION
ORI
CONTROL
INA
BOARD
County of DuPage,
RECEIVED
CLERK'S OFFICE
j
AN
.
2 9 2008
STATE OF ILLINOIS
Pollution Control Board
Complainant,
v.
?
AC 08
•••
DP-AC-08-01
Margarito Sotelo,
Respondent.
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of the County of DuPage.
Respectfully submitted,
0
- ■.-?
..
-c----11(_t__-/K
Mary Flerling
Assistant State's Attorney
DATED: January 29, 2008
County of DuPage
508 North County Farm Road
Wheaton, IL 60187
OR!
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
iRcaRcs6KIFP
ADMINISTRATIVE
ADMINISTRATIVE
CITATION
?
2 9 2008
County of DuPage,
Polluti
on
Pollutson
OF
Control
ILL
INOIS
Board
Complainant,
)
v.
) AC 08-
13
Margarito Sotelo,
)
Respondent.
)
NOTICE OF FILING
TO: Margarito Sotelo
31W152 Lee Road
West Chicago, IL 60185
PLEASE TAKE NOTICE that on this date the ADMINISTRATIVE CITATION,
AFFIDAVIT, and OPEN DUMP INPSECTION CHECKLIST were hand delivered to the Clerk
of the Pollution Control Board of the State of Illinois.
Respectfully submitted,
41,Vuu
?
j-eifyluLA,
Mary Flemiii
Assistant State's Attorney
DATED: January 29, 2008
County of DuPage
508 North County Farm Road
Wheaton, IL 60187
(630) 407-8200
Pollution Control
B
oard
AC 08
STATE OF ILLINOIS
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
3:1:
:2912:
CLE
RK'S
E
OFFICE
Respondent.
)
ADMINISTRATIVE CITATION
Violation:
?
Civil Penalty
415 ILCS 5/21(p)(1)
?
$1,500.00
TOTAL: $1,500.00
JURISDICTION
This Administrative Citation is issued pursuant to authority vested in the Illinois
Environmental Protection Agency by 415 ILCS 5/1
et. seq.
(1996), specifically 415 ILCS 5/31.1.
FACTS
1.
Complainant, County of DuPage, is a unit of local government to which the Illinois
Environmental Protection Agency has delegated authority to issue administrative citations
pursuant to Section 4(r) of the Illinois Environmental Protection Act, ("Act"), 415 ILCS 5/4(r)
(2007). DuPage County is thus a "delegated unit" and may issue administrative citations under
35 Ill. Adm. Code 108.200.
2. The Respondent, Margarito Sotelo, is the present occupant and in control and
possession of the property at 31W152 Lee Road; West Chicago, located in the County of
DuPage, State of Illinois.
County of DuPage,
)
Complainant,
v.
)
)
Margarito Sotelo,
)
3.
The property is an open dump, operating without an Illinois Environmental Protection
Agency Operating Permit, and designated with the Site Code #0438075018. The facility is
known to the County as the Margarito Sotelo site.
4.
The Respondent has occupied, controlled and/or operated the facility at all relevant
times hereto.
5.
On December 3, 2007, Joy Hinz, Field Inspector for DuPage County as delegated by
the Illinois Environmental Protection Agency, inspected the property. A true and correct copy of
the inspection report, along with Ms. Hinz's affidavit, are attached hereto and made a part
hereof.
6.
Based upon direct observations made by Ms. Hinz during the course of her inspection,
DuPage County has determined that Respondent violated the Act as follows:
a. Respondent caused or allowed the open dumping of waste in a manner
resulting in litter, in violation of Section 21(p)(1) of the Act, 415 ILCS
5/21(p)(1) (2007).
7.
Based upon the foregoing facts, under Section 42(b)(4-5) of the Act, 415 ILCS
5/42(b)(4-5), 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 civil penalty of One Thousand
Five Hundred Dollars ($1,500.00).
Notices and Instructions to Respondent
1.
You must pay the civil penalty set forth above unless you contest this
Administrative Citation.
The following paragraphs contain payment
instructions and more information about contesting this Administrative Citation.
2.
To pay the civil penalty (and any other amounts due) send two (2) checks or
money orders with the attached Remittance Form, one check in the amount of
Seven Hundred and Fifty Dollars payable to DuPage County and the second
check or money order in the amount of Seven Hundred and Fifty Dollars payable
to the Illinois Environmental Protection Agency to:
DuPage County
Department of Economic Development and Planning
Regulatory Services Division
421 North County Farm Road
Wheaton, IL 60187
To ensure that you receive timely and proper credit for your payment, complete the attached
Remittance Form and include it with your payment.
3.
You may contest this Administrative Citation by filing a Petition for Review,
including a Notice of Filing, Certificate of Service, and Appearance with the
Illinois Pollution Control Board ("Board").
4.
Any Petition for Review must be filed within thirty-five (35) days of the date
of service of this Administrative Citation on you. The Board will not review
the Administrative Citation if the Petition for Review is not filed within this
time.
5.
The Petition for Review must be filed with:
Clerk of the Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
A copy of the Petition for Review must be served on the County of DuPage at the
following address:
County of DuPage
Office of the State's Attorney, Civil Division
508 North County Farm Road
Wheaton, IL 60187
6.
The contents of a Petition for Review and the procedures to be followed are
governed by the Board's procedural rules. Copies may be obtained from the
Clerk of the Board at the address above, by calling the Board at (312) 814-3620,
or from the Board's website at:
http://www.ipcb.state.il.us/rules/procedural/procedural.htm
7.
If you do not contest this Administrative Citation by filing a petition for review
with the Board within the allotted time, the Board will enter an order finding that
you committed the violations alleged above imposing the statutory civil penalty
set forth above. See Section 31.1(d) of the Act, 415 ILCS 5/31.1(d) and 35 Ill.
Adm. Code 108.500(a).
8.
If you contest this Administrative Citation by filing a timely petition for review
with the Board, the Board will hold a hearing. The Board's procedural rules have
more information on hearings; see 35 Ill. Adm. Code Parts 101 and 108.
9.
If the Board finds after the hearing that you committed a violation as alleged
above, you will be assessed the hearing costs incurred by the County of DuPage
and the Board. Hearing costs are assessed in addition to the statutory civil penalty
for the violations. If the Board finds after the hearing that you did not commit a
violation as alleged above, or that the violation resulted from uncontrollable
circumstances, you will not be assessed hearing costs and you will not have to pay
a civil penalty.
10.
If any civil penalty and/or hearing costs are not paid within the time set by the
Board in its final order, interest on the amount due will be assessed against you
from the date payment is due and including the date that payment is received.
11.
If any civil penalty and/or hearing costs are not paid within the time set by the
Board in its final order, the DuPage County State's Attorney's Office may initiate
court proceedings against you to collect the amount due, plus any interest accrued.
In that event, you may also be liable for court costs.
DATE: fi--
U
--1 Q9, 2008
County of DuPage
Office of the State's Attorney
Ln{(0A__,14
Assistant State's Attorney
County of DuPage,
Complainant,
v.
Margarito Sotelo,
Respondent.
REMITTANCE FORM
OH
/GU
)
AC
UV .13
)
DP-08-01
RECEIVED
CLERK'S OFFICE
JAN1
9 2008
I
sTATE
OF ILLINOIS
Pollution Control Board
FACILITY:
Margarito Sotelo Site
COUNTY:
DuPage
DATE OF INSPECTION: December 3, 2007
SITE CODE:
0438075018
CIVIL PENALTY:
$1,500.00
Date Remitted
SS/FEIN #
Signature
Instructions
Enter the date of your remittance, your Federal Employee Identification Number (FEIN) (or
social security number (SSN) if an individual) and sign this Remittance Form. Print the name of
the person signing this Remittance Form and that person's title, if applicable.
Send two (2) checks or money orders with the attached Remittance Form, one check in the
amount of Seven Hundred and Fifty Dollars payable to DuPage County and the second check or
money order in the amount of Seven Hundred and Fifty Dollars payable to the Illinois
Environmental Protection Agency to:
DuPage County
Department of Economic Development and Planning
Regulatory Services Division
421 North County Farm Road
Wheaton, IL 60187
"OlitICIAL SEAL"
Patricia A. Vail
Notary Public, State of Illinois
My Commission Expires 09120/09
OR
i
?
BEFORE THE ILLINOIS POLLUTION CONTROL
L
BOARD
E 1 vE
ca)
County of DuPage,
)
)
Complainant,
v.
)
)
Margarito Sotelo,
)
CLERK'S OFFICE
JAN 2 9 2008
STATE OF ILLINOIS
Pollution Control Board
AC 08- 13
Respondent.
)
AFFIDAVIT
Affiant, Joy Hinz, being duly sworn, voluntarily deposes and states as follows:
1.
At all times relevant to the above-captioned Administrative Citation, Affiant was
employed as an inspector by the County of DuPage, Department of Economic
Development and Planning.
2.
On December 3, 2007 between 10:24 a.m. and 10:28 a.m., respectively, Affiant
conducted an inspection of the property located at 31W152 Lee Road; West
Chicago, Illinois.
3.
Affiant conducted an onsite inspection, which included walking around the
property and photographing the site.
4.
In connection with this inspection, Affiant completed the Inspection Report
appended to and made part of the above-captioned Administrative Citation, which
is an accurate record of Affiant's observations and factual conclusions with
respect to the site. This December 3, 2007 inspection report references Affiant's
September 17, 2007 inspection which is also an accurate record of Affiant's
observations and factual conclusions with respect to the site on September 17,
2007.
Subscribed and sworn before me
Th
Subscribe
of Tatur..2008
State of Illinois
Environmental Protection Agency
Narrative Inspection Report Document
County: DuPage County
Date: September 17, 2007
Inspector: Joy Hinz
Site No: 0438075018
Location: Margarito Sotelo Property
Time: 2:19 — 2:24 p.m.
Weather Conditions: 64 degrees Fahrenheit. Mostly cloudy. Winds south at 13 mph.
Conditions obtained from The Weather Channel electronic mail
Estimated Amount of Waste: 4 cubic yards
General Remarks
I conducted this inspection in response to a complaint that waste was being open burned at the
site. After =l
y
ing, I walked to the house where I attempted to locate an owner. A tenant
answered the door. I explained why I was on site. I then walked behind the house where the
burn pile was located.
The pile was approximately 6 feet in diameter. It contained bottles, cardboard, furniture, foam
cushion, carpet, textiles, aluminum cans, metal, roofing shingles, carpeting and other
miscellaneous waste (Photo 1 and Photo 2). The pile of ashes was about one foot in height. The
bottles, aluminum cans, metal waste and some of the other debris was partially burned (Photo 3
and Photo 4).
After reviewing the pile, I exited the site.
State of Illinois
Environmental Protection Agency
Site Sketch
County: DuPage County
Date: September 17, 2007
Inspector: Joy Hinz
Site No: 0438075018
Location: Margarito Sotelo Property
Time: 2:19 — 2:24 p.m.
Not drawn to scale
North 4,
t Indicates number and approximate direction of photograph
Photograph 1
Photographed by: J. Hinz
Date: Sept. 17, 2007
Location: Sotelo Property
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Location: Sotelo Property
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Photograph 3
Photographed by: J. Hinz
Date: Sept. 17, 2007
Location: Sotelo Property
31 W152 Lee Rd.
West Chicago, IL
Site No: 0438075018
Time: 2:22 p.m
Comments: Taken facing
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Photograph 1
Photographed by: J. Hinz
Date: Sept. 17, 2007
Location: Sotelo Property
31 W152 Lee Rd.
West Chicago, IL
Site No: 0438075018
Time: 2:24 p.m
Comments: Taken facing
southward showing the foam
cushions, carpet, roofing shingles
and furniture on top of the burn
pile.
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State of Illinois
Environmental Protection Agency
Narrative Inspection Report Document
County: DuPage County
Date: December 3, 2007
Inspector: Joy Hinz
Site No: 0438075018
Location: Margarito Sotelo Property
Time: 10:24 – 10:28 a.m.
Weather Conditions: 21 degrees Fahrenheit. Sunny. Winds west northwest at 16 mph. Humidity
62%. Conditions obtained from The Weather Channel electronic mail
Estimated Amount of Waste: 1 cubic yards
General Remarks
Pre-Inspection Notes: An Administrative Citation Warning Notice was issued as a result of an
inspection completed on September 17, 2007. The Notice cited alleged violations for open
dumping and open burning. I received a telephone call from Mr. Sotelo on October 15 th. He
agreed to remove all the waste and ashes.
I conducted this inspection to determine if the site had been cleaned. After arriving, I walked to
the house where
I
met with Mr. Sotelo. I explained that I was on site to see if they had removed
all waste and ash remnants from the open burning.
I
reviewed the area and found that the waste I
had previously observed was not on the site. The majority of the ashes had been removed.
However, vinyl flooring was now in place in the burn pile.
After inspecting the site, I informed Mr. Sotelo that the vinyl flooring and all ash needed to be
removed. I asked that he remove the waste within one week.
I returned to the site on December 20, 2007 and the vinyl flooring was still open dumped on the
site. I then exited the site.
State of Illinois
Environmental Protection Agency
Site Sketch
County: DuPage County
Date: December 3, 2007
Inspector: Joy Hinz
Site No: 0438075018
Location: Margarito Sotelo Property
Time: 10:24 — 10:28 a.m.
Not drawn to scale
North +
t Indicates number and approximate direction of photograph
Photograph 1
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Site No: 0438075018
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Comments: Taken facing westward
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Photograph
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Photographed by: J. Hinz
Date: December
3, 2007
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