ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2008
    COUNTY OF JACKSON,
    Complainant,
    v.
    ALVIN VALDEZ and RUBEN J. VALDEZ,
    Respondents.
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    AC 09-9
    (Site Code No. 0778035022)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 31, 2008, the County of Jackson (County) timely filed an administrative citation
    against Alvin Valdez and Ruben J. Valdez (respondents).
    See
    415 ILCS 5/31.1(c) (2006); 35 Ill.
    Adm. Code 101.300(b), 108.202(c). The administrative citation concerns a property located at
    latitude 7.82693 and longitude 89.25043 in Jackson County, designated with Site Code No.
    0778035022, and commonly known to the Illinois Environmental Protection Agency (Agency)
    as the “DeSoto/Alvin Valdez” site. The Board accepts as timely filed respondents’ petition to
    contest the administrative citation, but directs respondents to file an amended petition to cure the
    deficiencies identified below.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 County alleges that respondents violated Sections 21(p)(1) and (p)(7) of
    the Act (415 ILCS 5/21(p)(1), (p)(7) (2006) (2006)) on June 25, 2008, by causing or allowing the
    open dumping of waste in a manner resulting in litter and the deposition of general or clean
    construction or demolition debris at the Jackson County site. The County asks the Board to
    impose on respondents the statutory civil penalty of $1,500 for each alleged violation, for a total
    civil penalty of $3,000.
    As required, the County served the administrative citation on respondents 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). Specifically, the County served Ruben J. Valdez on July 28, 2008,
    and Alvin Valdez on August 7, 2008. Any petition to contest the administrative citation was due
    within 35 days after the date of service,
    i.e.,
    by September 2, 2008, for Ruben J. Valdez, and
    September 11, 2008, for Alvin Valdez.
    See
    415 ILCS 5/31.1(d)(1) (2006); 35 Ill. Adm. Code
    101.300(a), 108.204(b). Respondents filed a petition
    pro se
    with the Board on August 27, 2008.
    The Board accordingly accepts respondents’ petition as timely filed.
    2
    The Board finds, however, that the petition reflects deficiencies that must be remedied
    before this case can go forward. Specifically, the petition provides no grounds for contesting the
    administrative citation. A petition must set forth the reasons why a respondent believes the
    citation was improperly issued.
    See
    35 Ill. Adm. Code 108.206 (
    e.g.
    , respondent “did not cause
    or allow the alleged violations”). Respondents’ petition states merely that respondents plan to
    construct a building for vehicle storage and deliver unwanted vehicles to a salvage facility.
    Petition at 1-2. The Board notes that voluntary clean up actions performed by a respondent after
    a site inspection are generally neither a defense to the violations nor relevant to determining the
    civil penalty amount.
    See
    IEPA v. Jack Wright
    , AC 89-227, slip op. at 7 (Aug. 30, 1990) (“The
    Act, by its terms, does not envision a properly issued administrative citation being dismissed or
    mitigated because a person is cooperative or voluntarily cleans-up the site”).
    The Board therefore directs respondents to file an amended petition stating the grounds
    on which they contest the administrative citation.
    See, e.g.,
    County of Jackson v. Dan Kimmel,
    AC 06-21 (Feb. 16, 2006) (accepting as timely filed a petition that failed to include grounds for
    appeal but requiring an amended petition to cure the deficiency). If respondents fail to file an
    amended petition by October 16, 2008
    ,
    which is the 30th day after the date of this order,
    respondents’ petition will be dismissed and a default order will be entered against them,
    imposing the $3,000 civil penalty.
    See
    IEPA v. Ray Logsdon Estate
    , AC 05-54 (Apr. 21, 2005)
    (finding respondent defaulted by not filing amended petition as directed to cure deficiency in
    original petition).
    If respondents file an amended petition pursuant to this order and do not prevail on the
    merits of the case, respondents will have to pay not only the $3,000 civil penalty but also any
    hearing costs of the Board and the County.
    See
    415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm.
    Code 108.500. A schedule of the Board’s hearing costs is available from the Clerk of the Board
    and on the Board’s Web site at www.ipcb.state.il.us.
    See
    35 Ill. Adm. Code 108.504.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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