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ILLiNOIS

POLLUTION

CONTROL

BOARD

March

5,

2009

K

ILLINOIS

ENVIRONMENTAL

)

1t14?,

7

PROTECTION

AGENCY,

)

200g

Complainant,

)

°‘°fl

CoJ1S

v.

)

AC

09-35

)

(IEPA

No.

13-09-AC)

WILLIAM

AND

PATRICIA

HAJEK,

)

(Administrative

Citation)

)

Respondents.

)

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

Haj ek

(respondents).

See 415

ILCS

5131.1(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,

2 1(o),

(p),

3

1.1(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

5/2l(p)(l)

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 Haj ek as an attorney

If

Patricia

Haj

ek 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, 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).

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

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.

4fr-

John Therriault,

Assistant Clerk

Illinois

Pollution

Control Board