ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
RECEIVED
COUTY OF MACON,
)
JAN 0 8 2007
Complainant,
)
STATE OF
ILLINOIS
AC07-21
Pollution Control Board
v .
)
(MCSWDMD No
. 2006-005-AC)
(Administrative Citation)
TIM WALKER,
)
Respondent .
)
NOTICE OF FILING AND CERTIFICATE OF SERVICE
To :
Kenneth Boles, Assistant State's Attorney
Macon County State's Attorney
253 East Wood Street
Decatur, IL 62523
YOU ARE HEREBY NOTIFIED that an AMENDED PETITION TO CONTEST
was filed on this date by forwarding the original and nine copies to the Clerk
of the
Illinois Pollution Control Board .
David K. Cox
Attorney for Respondent
Washington Plaza
112 West Washington Street
Monticello, IL 61856
217/762-3800
a'
The undersigned certifies that he forwarded a copy of the AMENDED PETITION
FOR REVIEW to: Kenneth Boles, Assistant State's Attorney, Macon County State's
Attorney, 253 East Wood Street, Decatur, IL 62523, by placing the document in an
envelope, properly addressed and with proper postage affixed, and mailing the envelope
at the U.S
. Post Office located at Monticello, Il
this 4 °i day of January, 2007 .
ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUTY OF MACON,
)
Complainant,
)
v.
)
TIM WALKER,
)
Respondent .
)
AMENDED PETITION TO CONTEST
NOW COMES the Respondent Tim Walker, by counsel David K
. Cox, and
pursuant to 415 ILCS 5/31
.1, files his AMENDED PETITION TO CONTEST, and in
support thereof, states as follows :
AC07-21
(MCSWDMD No . 2006-005-AC)
(Administrative Citation)
RECEIVEDCLERK'S
OFFICE
JAN 0 8 2007
Pollution
STATE OF
Control
ILLINOISBoard
1 . An administrative citation was issued by the Macon County Solid Waste
Management District on October 16, 2006 .
2 . Pursuant to the Order of the Illinois Pollution Control Board dated December 7,
2006, the Respondent was instructed to file and Amended Petition to Contest addressing
the filing date and basis for appeal .
3 . The Respondent Tim Walker reported to counsel that the citation was served on
him he believes on October 19, 2006 . There is no documentation in the possession of the
Respondent. Therefore, the Respondent was required to file a Petition for Review on
Thursday, November 23, 2006, or on Thanksgiving Day . The certificate of service
indicates that the Petition for Review was delivered to the post office on Friday,
November 24, 2006, when the post office re-opened after the holiday .
4. The Respondent contests the administrative citation and requests review by the
Illinois Pollution Control Board based on the following section 108 .206 factors :
A. As an initial matter, the Defendant objects to the allegations advanced in the
administrative citation on the basis that the inspectors who conducted the site
investigation obtained access to the property illegally, neither by permission nor pursuant
to a valid search warrant .
B. There has been no demonstration that any condition on the property presents a
threat to the environment of human health .
C . Many of the conditions alleged to exist at the time of the inspection did not
exist at the time of the issuance of the administrative citation .
D
. Much of the construction materials on the site were being handled as part of
ongoing construction projects, and thus are not a violation of the Illinois Environmental
Protection Act
.
E
. The administrative citation addressed natural materials, such as wood chips, the
storage and usage of which are not prohibited by the Illinois Environmental Protection
Act.
F
. The respond did not cause or allow certain alleged violations identified in the
inspection reports
.
3 .
Based on the information included in paragraph
2 of Amended Petition for
Review, the Respondent has exceeded the standard for proving uncontrollable
circumstances in that many of the circumstances are natural or include natural materials,
other allegations have not been substantiated or are not violations of the Illinois
Environmental Protection Act and therefore are not properly included in an
administrative citation, and the Respondent did not cause or allow many of the conditions
to exist .
4
. The Board should defer review until the process outlined in the administrative
citation issued directly to the Respondent by Macon County has been completed
.
WHEREFORE, the Respondent requests review of the administrative citation
.
TIM
By
c
:
WALKER,
Wt1
RESPONDENT
David K. Cox
Attorney for Respondent
David K. Cox
Attorney for Respondent
Washington Plaza
112 West Washington Street
Monticello, IL 61856
217/762-3800
