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ILLINOIS POLLUTION CONTROL BOARD

June 18, 2009

COUNTY OF JACKSON,

Complainant,

ALVIN VALDEZ AND RUBEN J.

VALDEZ,

Respondents.

)

AC 09-09

(Site Code: 0778035022)

(Administrative Citation)

DANIEL W. BRENNER, ASSISTANT STATE’S ATTORNEY, APPEARED ON BEHALF OF

COMPLAINANT; and

ALVIN VALDEZ AND RUBIN J. VALDEZ APPEARED

PRO SE

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

In an interim opinion and order on April 16, 2009, the Board found that the respondents,

Alvin and Rueben Valdez, allowed the open dumping of waste in a manner resulting in litter, and

in the deposition of construction or demolition debris in violation of Sections 21(p)(1) and (p)(7)

of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and (7) (2006)) at a site located

in Jackson County. Having found that the respondents committed these violations, the Board

assessed the statutory civil penalty of $ 3,000 and hearing costs. The Board directed the County

of Jackson (County) and the Clerk of the Board to file documentation of their hearing costs and

provided the respondents an opportunity to respond to those filings.

On April 29, 2009, the Clerk of the Board submitted an affidavit of hearing costs totaling

$161.08. The respondents have not responded to this statement of costs.

See

35 Ill. Adm. Code

108.506(a) (setting 21-day deadline for response).

The Board finds the hearing costs of the Board are reasonable and orders the respondents

to pay those costs under Section 42(b)(4-5) of the Act. 415 ILCS 5/42(b)(4-5) (2006). The

Board incorporates by reference the findings of fact and conclusions of law from its April 2,

2009 interim opinion and order. Under Section 31.1(d)(2) of the Act, the Board attaches the

administrative citation and makes it part of the Board’s final order.

This opinion and order constitutes the Board’s findings of fact and conclusions of law.

ORDER

The Board finds that the respondents, Alvin and Rueben Valdez, violated Sections

21(p)(1) and (7) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and

(7) (2006)) at property located in Jackson County.

The Board assesses the civil penalty of $3,000 for the violations, as well as

hearing costs totaling $161.08 for a total amount of $3,161.08. The respondents

must pay $3,161.08 no later than August 3, 2009, which is the first business day

after the 45th day from the date of this order. The respondents must pay this

amount by certified check or money order, made payable to the Environmental

Protection Trust Fund. The case number, case name, and the respondents’ social

security numbers or federal employer identification numbers must be included on

the certified check or money order.

The respondents must send the certified check or money order to:

Illinois Environmental Protection Agency

Fiscal Services

1020 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the 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);

see also

35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.

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;

see also

35 Ill. Adm. Code 101.902, 102.700, 102.702.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on June 18, 2009, by a vote of 5-0.

______________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

1 2008

Pollution Control Board

Alvin Valdez, 211 N. Walnut, P.O. Box 162, DeSoto, Illinois 62924

and Ruben J. Valdez, 211 N. Walnut, P.O. Box 162, DeSoto, Illinois 62924

PLEASE TAKE NOTICE that I have filed with the Office of the Clerk of the Illinois

Pollution Control Board the Complaint for Administrative Citation, a copy of which is herewith

served upon you.

Daniel Brenner

Assistant State's Attorney

Jackson County Courthouse, 3

rd Floor

Murphysboro, IL 62966

618-687-7200

By his Deputy

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Complainant,

Respondents.

STATE OF ILLINOIS

Pollution Control Board

AC 09 -

ORIGINAL

Serve on: Ruben J. Valdez, 211 N. Walnut, P.O. Box 162, DeSoto, Illinois 62924

PROOF OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the Administrative

Citation and Ap earance were hand delivered to:

01-evtal

/03

7.<m.

/S/ Robert Burns, Jackson Co. Sheriff

• PLEASE RETURN TO:.

''''DANIELSRENNEIR

JAC-KSOWC6UNTY.STATE&ATTORNEYSI:.0.FFICE,

BEFORE THE

ADMINISTRATIVE

ILLINOIS POLLUTION

CITATION

CONTROL BOARu

AECEE

CLERK'S

OFFICED

JUL 3 1 2008

STATE OF ILLINOIS

Pollution Control Board

AC 09 -

Site Code: 0778035022

JURISDICTION

This Administrative Citation is issued pursuant to authority vested in the Illinois

Environmental Protection Agency by 415 ILCS 5/1

et. seq.

(2006), specifically 415 ILCS

5/31.1.

FACTS

The Respondent, Alvin Valdez, is the present owner and occupant and in control and

possession of a facility located in the County of Jackson, State of Illinois.

The Respondent, Ruben J. Valdez, upon information and belief, is Alvin Valdez's

father and is in control and possession and an occupant of a facility located in the County of

Jackson, Illinois.

The facility is an open dump, operating without an Illinois Environmental Protection

Agency Operating Permit, and designated with the Site Code # 0778035022. The facility is

known to the Agency as the DeSoto/Alvin Valdez site.

The Respondents have owned, occupied, controlled and/or operated the facility at

all relevant times hereto.

5. On June 25, 2008, Don Terry, Field Inspector, Jackson County Health Department,

inspected the facility. A true and correct copy of the inspection report, along with Mr. Terry's

affidavit, are attached and incorporated herein by reference as Exhibit A.

VIOLATIONS

On the basis of Field Inspector, Don Terry's, direct observation, he has determined that

the Respondents have caused or allowed open dumping at the above described facility in a

manner that resulted in the following violations:

That on June 25, 2008, an on-site inspection of the facility disclosed the following:

The Respondents have caused or allowed litter at the facility in violation of 415 ILCS

5/21(p)(1).

The Respondents have caused or allowed the deposition of general construction or

demolition; or clean construction or demolition debris in violation of 415 ILCS 5121(p)(7).

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 elect not to petition the Illinois Pollution Control Board, the statutory civil penalty

specified above shall be due and payable no later than September 1, 2008, unless otherwise

provided by order of the Illinois Pollution Control Board.

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 Fifteen Hundred Dollars

($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, checks shall be made payable in equal amounts (50% of total

penalty each) to:

(1)

County of Jackson, c/o Jackson County Treasurer, Jackson County Courthouse,

Murphsyboro, Illinois 62966; and

(2)

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.

Respondents shall complete and return the enclosed Remittance Forms with payments

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 Complainant may either initiate proceedings against

Daniel Brenrrer

Assistant State's Attorney

Respondents in Circuit Court or other debt collection actions to collect said penalty and/or

hearing costs, plus any interest accrued.

PROCEDURE FOR CONTESTING ADMINISTRATIVE CITATION

You have the right to contest this Citation, pursuant to 415 I LCS 5/31.1. If you elect to

contest this Citation, you must file a Petition For Reviewwith the Clerk of the Illinois Pollution

Control Board. A copy of the Petition For Review shall be filed with Daniel Brenner, Assistant

State's Attorney, Jackson County Courthouse, Third Floor, Murphysboro, II 62966.

YOUR

PETITION FOR REVIEW MUST BE FILED WITHIN 35 DAYS OF THE DATE OF

SERVICE OF THE PRESENT CITATION ON YOU. IF YOU FAIL TO FILE YOUR

PETITION, A DEFAULT ORDER AGAINST YOU WILL BE ENTERED BY THE

POLLUTION CONTROL BOARD.

Your original Petition must be filed with the Clerk of the Board at:

Clerk

Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

A copy must also be sent to:

Office of the State's Attorney

Daniel Brenner

Assistant State's Attorney

Jackson County Courthouse, 3

Floor

Murphysboro, II 62966

DATED:

, 2008

REMITTANCE FORM TO ILLINOIS EPA

DeSoto/Alvin Valdez Site

NOTE

Please enter the date of your remittance, social security number, if an individual, or Federal

Employer Identification Number (FEIN) if a corporation, and sign the remittance form. Be sure

the appropriate check is enclosed and mail, along with this remittance form, to Illinois

Environmental Protection Agency, Attn: Fiscal Services, P.O. Box 19276, Springfield, Illinois

62794-9276.

REMITTANCE FORM TO COUNTY OF JACKSON

DeSoto/Alvin Valdez Site

NOTE

Please include the information on the blank lines. Mail this form with your check to:

Shirley Dillinger Booker

Jackson County Treasurer

Jackson County Courthouse

Murphysboro, Illinois, 62966