ILLINOIS POLLUTION CONTROL BOARD
    March 5, 2009
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    WILLIAM AND PATRICIA HAJEK,
    Respondents.
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    AC 09-35
    (IEPA No. 13-09-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T.Girard):
    On February 13, 2009, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against William and Patricia Hajek (respondents).
    See
    415 ILCS
    5/31.1(c) (2006); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative citation
    concerns respondents’ residential property located at 1683 McAllister Road, Waterman, DeKalb
    County. For the reasons below, the Board accepts respondent William Hajek’s petition to
    contest the administrative citation as timely filed, but directs Patricia Hajek to file an amended
    petition to cure the deficiencies listed herein.
    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 Agency alleges that respondents violated Sections 21(p)(1) and (p)(7) of
    the Act (415 ILCS 5/21(p)(1) and (p)(7) (2006)) by causing or allowing the open dumping of
    waste in a manner resulting in litter, and in a manner resulting in the deposition of clean or
    general construction or demolition debris at respondents’ DeKalb County site. The Agency asks
    the Board to impose a $1,500.00 civil penalty on respondents for each violation, for a total
    penalty of $3,000.00.
    As required, the Agency served 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 101.300(c), 108.202(b). A petition to contest the administrative citation is due by
    March 25, 2009. On February 24, 2009, William Hajek timely filed a petition to contest the
    administrative citation (Pet.). Respondent Mr. Hajek denies the allegations, stating that not all of
    the materials on site are waste (Pet. at 2-4.), and that the “severity of the winter storms” has
    prevented him from removing those which are waste.
    Id
    ;
    see
    35 Ill. Adm. Code 108.206.
    2
    The Board finds that the petition contains deficiencies that must be remedied before the
    case can be accepted for hearing with respect to respondent Patricia Hajek. Though an
    individual may represent himself or herself, a non-attorney cannot represent another person in a
    Board adjudicatory proceeding, such as an administrative citation action.
    See
    35 Ill. Adm. Code
    101.400(a). The petition was brought on behalf of and signed by William Hajek. Pet. at 5. The
    petition fails to identify William Hajek as an attorney. If Patricia Hajek would like to contest the
    administrative citation, she must do so by filing an amended petition on her own behalf.
    The Board therefore directs that Patricia Hajek file an amended petition for review.
    See,
    e.g.
    IEPA v. Ray Logsdon Estate, AC 05-54 (Mar. 3, 2005) (accepting as timely filed a petition
    that did not indicate whether it was filed by an attorney but requiring an amended petition to cure
    the deficiency). If Patricia Hajek fails to file an amended petition in a timely manner, the Board
    will enter a default order against the remaining respondents, imposing the $3,000.00 penalty.
    See
    Ray Logsdon Estate
    If respondents proceed to contest the administrative citation but do not prevail on the
    merits of the case, respondents will have to pay not only the $3,000.00 penalty but also any
    hearing costs of the Board and the Agency.
    See
    415 ILCS 5/42(b)(4-5) (2006); 35 Ill. Adm.
    Code 108.500 (2006). A schedule of the Board’s hearing costs is available from the Clerk of the
    Board and on the Board’s website at
    , AC 05-54 (Apr. 21, 2005) (finding respondent defaulted by not filing
    an amended petition as directed to cure the deficiency in the original petition).
    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 March 5, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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