BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDR E C E
IV E D
ADMINISTRATIVE CITATION
CLERK'S OFFICE
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
vs.
)
C . JOHN BLICKHAN,
)
Respondent .
)
NOTICE OF FILING
TO:
Michelle M . Ryan
And
Illinois Pollution Control Board
Special Assistant Attorney General
State of Illinois Center
Illinois Environmental Protection Agency
100 W
. Randolph Street
1021 North Grand Avenue East
Suite 11-500
P. O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on this date I mailed a Petition for Review in the above-
captioned matter .
Dated
: November
( '
2006.
By
Dennis G . Woodworth
BLICKHAN, TIMMERWILKE, WOODWORTH & LARSON
435 Hampshire Street
Quincy, Illinois 62301
Telephone: 217-221-4200
Attorneys for Respondent
his G
. Woodworth, His Attorney
C
. JOHN BLICKHAN, Respondent,
I
NOV 0 9 2006
Pollution
STATE OF
Control
ILLINOIS
Board
AC al
'-;0
(IEPA No
. 304-06-AC)
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument
was served upon the attorneys of record of all parties to the above
cause by enclosing the same in an envelope addressed to such
attorneys at their business address as disclosed by the pleadings of
record herein, with postage fully prepaid and by depositing said
env~ lope in a U . S. Post office mail box in Quincy, Illinois on the
!0M
day of November, 2006 .
2
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
vs.
C
. JOHN BLICKHAN,
Respondent .
BEFORE THE
ADMINISTRATIVE
ILLINOIS POLLUTION
CITATIONCONTROL
BOPR%
C E I
V E D
CLERK'S OFFICE
(IEPA No . 304-06-AC)
C. JOHN BLICKHAN, Respondent,L
NOV 012006
PollutionSTATE
OControl
Board
ENTRY OF APPEARANCE
Now conies Dennis G
. Woodworth of Blickhan, Timmerwilke, Woodworth & Larson, who
hereby enters his appearance on behalf of the Respondent, C. John Blickhan .
Dated
: November 64, , 2006.
'W AO
sG
S
By
4
Woodworth, His Atto
Dennis G . Woodworth
BLICKHAN, TIMMERWILKE, WOODWORTH & LARSON
435 Hampshire Street
Quincy, Illinois 62301
Telephone : 217-221-4200
Attorneys for Respondent
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument
was served upon the attorneys of record of all parties to the above
cause by enclosing the same in an envelope addressed to such
attorneys at their business address as disclosed by the pleadings of
record herein, with postage fully prepaid and by depositing said
envelope in a U. S
. Post office mail box in Quincy, Illinois on the
day of November, 2006 .
1
BEFORE THE
ADMINISTRATIVE
ILLINOIS POLLUTION
CITATIONCONTROL
BOARDR E G E
I
V E D
CLERK'S
OFFICE
ILLINOIS ENVIRONMENTAL
)
NOV 0
9 2006
PROTECTION AGENCY,
)
POA E OF
ILLINOIS
Complainant,
AC
VS .
(IEPA No
. 304-06-AC)
C . JOHN BLICKHAN,
)
Respondent
.
)
PETITION FOR REVIEW
Now comes the Respondent, C
. John Blickhan, by Blickhan, Timmerwilke, Woodworth &
Larson, his attorneys, and hereby respectfully petitions this Court for a review and re-hearing of the
Administrative Citation, Affidavit, and Open Dump Inspection Check List entered in the above-
captioned cause, and in support thereof, states as follows
:
1 . That the Respondent, C
. John Blickhan, received an Administrative Citation from the
Illinois Pollution Control Board in the above-captioned matter
.
2
. That in the facts as set forth in the Administrative Citation, the Citation states that the
facility in question is an "open dump operating" without an Illinois Environmental Protection
Agency Operating Permit
.
3
. That also said facts state the Respondent has owned and operated said facility at all times
pertinent hereto .
4
. That the violations listed in the Administrative Citation stated that the Respondent
"caused or allowed the open dumping of waste in a manner resulting in litter"
.
1
5
. That the violation listed in the Administrative Citation stated that the Respondent "caused
or allowed the open dumping of waste in a manner resulting in open burning"
.
6 .
That furthermore the violation listed in the Administrative Citation stated that the
Respondent "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"
.
7
. That the Respondent requests a review and re-hearing for several reasons
. Those reasons
include, but are not limited to :
A)
The facility in question is not an open dump operating
. The facility in
question is a rental facility
;
B)
That the actual dump site operating under Permit No
. 0010650002 and
inspected by Paul C
. Eisenbrandt indicated the land fill looked good and was
properly secured
. Furthermore, in said report there were no indications that
the Respondent was operating said landfill in a negligent fashion or against
the IEPA Rules or Regulations
;
C)
That the facility in question has never been operated as an open dump
; nor is
it being operated as an open dump, nor are there any intentions to operate said
facility as an open dump and all said prior activities and future intentions
have been rental property ;
D)
That the Respondent has not, nor has he allowed other individuals, to litter
the facility in question nor has the Respondent allowed open burning on said
facilities
. If any litter collection or open burning has occurred, it has been
without the knowledge or permission of the Respondent
;
2
E)
That the leaseholders of said rental properties are legally entitled to
possession of said premises whereby the alleged violations occurred even
though the Respondent is the actual landowner
. That the Respondent, as the
landlord, has not granted permission to the leaseholders to dump litter on the
premises or burn on the premises
;
F)
That the Illinois Environmental Protection Agency is citing the wrong
Respondent and should be citing the leaseholders of the premises where open
dumping or burning was discovered .
WHEREFORE, for the above-stated reasons, the Respondent feels that the Administrative
Citation issued against him was in error and requests a review and re-hearing of the Administrative
Citation, Affidavit, and Open Dump Inspection Check List entered in the above-captioned cause
.
Dated this(pf4
day of November, 2006.
3
Under penalties as provided by law, pursuant to Section 1-109 of the Illinois Code of Civil
Procedure, the undersigned certifies that the statements set forth in this Petition are true and correct,
except as to matters therein stated to be on information and belief and as to such matters, the
undersigned certifies as aforesaid, that he verily believes the same to be true
.
Dated this C4!~6
day of November, 2006
.
c_
C/J
n BlickIYan
~
.,
Dennis G. Woodworth
BLICKHAN, TIMMERWILKE, WOODWORTH & LARSON
435
Hampshire Street
Quincy, Illinois 62301
Telephone: 217-221-4200
Attorneys for Respondent
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument
was served upon the attorneys of record of all parties to the above
cause by enclosing the same in an envelope addressed to such
attorneys at their business address as disclosed by the pleadings of
record herein, with postage fully prepaid and by depositing said
envelope in a U . S
. Post office mail box in Quincy, Illinois on the
eO
day of November, 2006 .
4
BEFORE THE ILLINOIS POLLUTION CONTROL BOASLERK'SRECEIVED
OFFICE
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
vs .
)
C. JOHN BLICKHAN,
)
Respondent .
)
CERTIFICATE OF SERVICE
I hereby certify that I did on the
day of November, 2006, send by certified mail,
return receipt requested, with postage thereon fully prepaid, by depositing in a United States Post
Office Box a true, correct copy of the following instruments entitled Entry of Appearance, Notice
of Filing, Certificate of Service, and Petition for Review
:
TO : Michelle M . Ryan
And
Illinois Pollution Control Board
Special Assistant Attorney General
State of Illinois Center
Illinois Environmental Protection Agency
100 W
. Randolph Street
1021 North Grand Avenue East
Suite 11-500
P. O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
and the original and nine (9) true and correct copies of the same foregoing instruments on the
same date by certified mail with postage thereon fully prepaid
:
TO: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 W . Randolph Street
Suite 11-500
Chicago, IL 60601
Dated : November
61'
' 2006.
1
NOV 0 9 2006
Pollution
STATE OF
Control
ILLINOIS
Board
AC b 1'
V
(IEPA No
. 304-06-AC)
.Woodworth,
Attorney for Respondent, C
. John Blickhan
Dennis G. Woodworth
BLICKHAN, TIMMERWILKE, WOODWORTH & LARSON
435
Hampshire Street
Quincy, Illinois 62301
Telephone :
217-221-4200
Attorneys for Respondent
2
