ILLINOIS POLLUTION CONTROL BOARD

ORDER

March 20, 2008

COUNTY OF DUPAGE,

Complainant,

JAMAL ABRO,

Respondent.

)

AC 08-15

(Site Code 0438065009)

(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 Jamal Abro (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

3N509 Oak 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 three thousand dollars ($3,000.00) 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 Sections 21(p)(1) and 21(p)(3)

of the Act (415 ILCS 5/21(p)(1), (p)(3) (2006)) by causing or allowing the open dumping of

waste in a manner resulting in litter and by causing or allowing the open dumping of waste in a

manner resulting in open burning. Complainant asks the Board to impose a $3,000 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 6, 2008. Respondent

failed to timely file a petition. Accordingly, the Board finds that respondent violated Sections

21(p)(1) and 21(p)(3) of the Act.

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 are two violations of Section 21(p) and no

allegations of any second or subsequent adjudicated violations, the total civil penalty is $3,000.

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

The Board finds that Jamal Abro violated Sections 21(p)(1) and 21(p)(3) of the

Environmental Protection Act.

Jamal Abro must pay a civil penalty of three thousand dollars ($3,000.00) no later

than April 21, 2008, which is the first business day after the 30th day after the

date of this order. Jamal Abro must pay the civil penalty by two (2) checks or

money orders: one check or money order in the amount of one thousand five

hundred dollars ($1,500.00) payable to DuPage County and a second check or

money order in the amount of one thousand five hundred dollars ($1,500.00)

payable to the Illinois Environmental Protection Agency. The case number, case

name, and Jamal Abro’s social security number or federal employer identification

number must be included on each check or money order.

Jamal Abro must send the certified check or money order and the remittance form

to:

DuPage County

Department of Economic Development and Planning

Regulatory Services Division

421 North County Farm Road

Wheaton, IL 60187

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;

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

fl!

1 I' 1 A

RECEOVPPD

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERKS OFFICE

ADMINISTRATIVE CITATION

JAN .2 2008

STATE OF ILLINOIS

Pollution Control Board

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,

LIACu-uy

a .

Mary Fleang

Assistant State's Attorney

DATED: January 29, 2008

County of DuPage

508 North County Farm Road

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JAN 2 9 20o8

County of DuPage,

Complainant,

STATE OF ILLINOIS

Pollution Control Board

ADMINISTRATIVE CITATION

Violation:

Civil Penalty

415 ILCS 5/21(p)(1)

$1,500.00

415 ILCS 5/21(p)(3)

$1,500.00

TOTAL: $3,000.00

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

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.

The Respondent, Jamal Abro, is the present occupant and in control and possession of

the property at 3N509 Oak Road; West Chicago, located in the County of DuPage, State of

Illinois.

3. The property is an open dump, operating without an Illinois Environmental Protection

Agency Operating Permit, and designated with the Site Code #0438065009. The facility is

known to the County as the Jamal Abro 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:

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).

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

resulting in open burning, in violation of Section 21(p)(3) of the Act, 415 ILCS 5/21(p)(3) of the

Act, 415 ILCS 5/21(p)(3) (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 Three Thousand Dollars

($3,000.00) for each of the violations identified above, for a total civil penalty of Three

Thousand Dollars ($3,000.00).

Notices and Instructions to Respondent

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.

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

One Thousand Five Hundred Dollars ($1,500.00) payable to DuPage County and

the second check or money order in the amount of One Thousand Five Hundred

Dollars ($1,500.00) payable to the Illinois Environmental Protection Agency to:

DuPage County

Department of Economic Development and Planning

Regulatory Services Division

421 North County Faiin 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.

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").

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.

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

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

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).

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.

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:

, 2008

County of DuPage

Office of the State's Attorney

nt.Z

R'ECIEfiVED

OFFICE

ollution

Control

ILLINOIS

Board

DATE OF INSPECTION: December 3, 2007

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 One Thousand Five Hundred Dollars ($1,500.00) payable to DuPage County and the

second check or money order in the amount of One Thousand Five Hundred Dollars ($1,500.00)

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