ILLINOIS POLLUTION CONTROL BOARD
March 20, 2008
COUNTY OF DUPAGE,
Complainant,
v.
MARGARITO SOTELO,
Respondent.
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)
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)
)
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AC 08-13
(Site Code 0438075018)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On January 29, 2008, the County of DuPage (complainant) timely filed an administrative
citation against Margarito Sotelo (respondent).
See
415 ILCS 5/31.1(c) (2006); 35 Ill. Adm.
Code 101.300(b), 108.202(c). The administrative citation concerns respondent’s property
located at 31W152 Lee Road in West Chicago, County of DuPage. For the reasons below, the
Board finds that respondent violated the Environmental Protection Act (Act) (415 ILCS 5
(2006)) and orders respondent to pay one thousand five hundred dollars ($1,500.00) 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 Illinois Environmental Protection 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, complainant alleges that respondent violated Section 21(p)(1) of the Act (415
ILCS 5/21(p)(1) (2006)) by causing or allowing the open dumping of waste in a manner resulting
in litter. Complainant asks the Board to impose a $1,500 civil penalty on respondent. As
required, complainant 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
101.300(c), 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 the 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 101.300(b),
108.204(b), 108.406. Here, any petition for review was due on March 7, 2008. Respondent
failed to timely file a petition. Accordingly, the Board finds that respondent violated Section
21(p)(1) of the Act.
2
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) (2006);
35 Ill. Adm. Code 108.500(a). Because there is one violation of Section 21(p) and no allegation
of any second or subsequent adjudicated violation, the total civil penalty is $1,500. 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
1.
The Board finds that Margarito Sotelo violated Section 21(p)(1) of the
Environmental Protection Act.
2.
Margarito Sotelo must pay a civil penalty of one thousand five hundred dollars
($1,500.00) no later than April 21, 2008, which is the first business day after the
30th day after the date of this order. Margarito Sotelo must pay the civil penalty
by two (2) checks or money orders: one check or money order in the amount of
seven hundred fifty dollars ($750.00) payable to DuPage County and a second
check or money order in the amount of seven hundred fifty dollars ($750.00)
payable to the Illinois Environmental Protection Agency. The case number, case
name, and Margarito Sotelo’s social security number or federal employer
identification number must be included on each check or money order.
3.
Margarito Sotelo must send the certified checks or money orders and the
remittance form to:
DuPage County
Department of Economic Development and Planning
Regulatory Services Division
421 North County Farm Road
Wheaton, IL 60187
4.
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)).
5.
Payment of this penalty does not prevent future prosecution if the violation
continues.
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
3
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
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;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on March 20, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
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
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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
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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
