ILLINOIS POLLUTION CONTROL BOARD
February 5, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
WILLIAM and PATRICIA HAJEK,
Respondent.
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AC 09-31
(IEPA No. 331-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On December 22, 2008, Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against William and Patricia Hajek.
See
415 ILCS 5/31.1(c) (2006);
35 Ill. Adm. Code 108.202(c). The Agency alleges that Mr. and Mrs. Hajek violated Sections
21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7) (2006))
by causing or allowing open dumping in a manner resulting in litter, and the deposition of
general or clean construction or demolition debris, at a site located at 1683 McAllister Road,
Waterman, DeKalb County. The site is designated by Site Code No. 0370608008 and is
commonly known to the Agency as Waterman/Hajek Property.. On January 26, 2009, the
Agency filed a motion to dismiss. In that motion the Agency states that the Agency failed to
serve the administrative citation on William and Patricia Hajek 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).
The Board grants the motion and dismisses this case and closes the docket.
See
35 Ill. Adm.
Code 108.402.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on February 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
DEC
22
2008
ADMINISTRATIVE
CITATION
STATE
OF
ILLINOIS
PoHution
Control
Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
)
AC
Q
%)
V.
)
)
(IEPA
No. 331-08-AC)
WILLIAM
and PATRICIA HAJEK,
)
Respondents.
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 (2006).
FACTS
1.
That
William
and Patricia Hajek
are the current
owners
and operators
(“Respondents”)
of a facility
located at
1683 McAllister
Road, Waterman,
DeKaIb County,
Illinois.
The property
is commonly known
to
the
Illinois Environmental
Protection
Agency
as
Waterman/Hajek
Property.
2.
That said facility
is
an open
dump operating
without an Illinois
Environmental
Protection Agency
Operating
Permit
and is designated
with Site Code
No. 0370608008.
3.
That
Respondents have
owned
and operated
said facility
at all times pertinent
hereto.
4.
That on October
30, 2008,
Shaun Newell
of the Illinois Environmental
Protection
Agency’s
(“Illinois EPA”) Rockford
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.
5.
That on
/2
-
-
, Illinois
EPA sent this
Administrative
Citation
via
Certified
Mail No.
‘7O67
3O3o
DOO 34’-f
â1
VIOLATIONS
Based upon direct
observations
made
by Shaun Newell
during
the
course of his October
30,
2008 inspection
of the above-named
facility, the
Illinois Environmental
Protection
Agency has
determined that Respondents
have violated
the Illinois
Environmental
Protection
Act
(hereinafter,
the
“Act”)
as
follows:
(1)
That
Respondents caused
or allowed the
open dumping
of waste in a manner
resulting
in litter, a violation of
Section 21
(p)(l)
of the Act, 415
ILCS 5/21
(p)(1)
(2006).
(2)
That Respondents
caused or allowed
the
open
dumping of waste in
a manner
resulting
in Deposition
of General Construction
or Demolition
Debris: or
Clean
Construction or Demolition
Debris
a violation of Section
21(p)(7)
of the Act, 415
ILCS
5/21 (p)(7) (2006).
CIVIL PENALTY
Pursuant to Section
42(b)(4-5)
of
the Act,
415 ILCS 5/42(b)(4-5)
(2006),
Respondents
are
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
Respondents
elects not
to
petition
the Illinois
Pollution Control Board,
the statutory
civil penalty specified
above
shall be due
and payable
no
later
than
January
15, 2009, unless
otherwise
provided by order
of the
Illinois
Pollution
Control Board.
2
If Respondents
elect 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(2006),
and if
the
Illinois
Pollution
Control Board
issues
a finding
of
violation
as alleged
herein,
after
an adjudicatory
hearing,
Respondents
shall
be assessed
the
associated
hearing costs incurred
by the Illinois
Environmental
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)
(2006),
if Respondents
fail
to petition
or elect
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,
Respondents 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 Respondents
from the date
payment is due up
to and including
the date that
payment
is
received.
The Office of the Illinois
Attomey
General may
be
requested to
initiate
proceedings
against Respondents
in Circuit
Court to collect
said
penalty
and/or
hearing
costs,
plus any
interest
accrued.
3
PROCEDURE
FOR
CONTESTING
THIS
ADMINISTRATIVE
CITATION
Respondents
have
the right
to contest
this Administrative
Citation
pursuant
to
and
in
accordance
with
Section 31.1
of the Act,
415
ILCS
5/31/1
(2006).
If
Respondents
elect to
contest
this Administrative
Citation,
then Respondents
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 Respondents.
Date:
DougI
3
P.
Scott,
Director
&
Illinois
Environmental
Protection
Agency
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
ECEUVED
CLERK’S
OFFICE
REMITTANCE
FORM
DEC
22
2008
STATE
OF
IUJNOIS
PoUution
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
Qf
V.
)
(IEPA No. 331-08-AC)
WILLIAM
and
PATRICIA
HAJEK,
)
Respondents.
FACILITY:
Waterman/Hajek
Property
SITE CODE
NO.:
0370608008
COUNTY:
DekaIb
CIVIL PENALTY:
$3,000.00
DATE OF INSPECTION:
October
30, 2008
DATE REMITTED:
55/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
