ILLINOIS POLLUTION CONTROL BOARD
    April 2, 2009
    JACK TARKOWSKI,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-62
    (Hearing Request Under
    415 ILCS 5/34(d))
    ORDER OF THE BOARD (by G.T. Girard):
    For the reasons given below, the Board directs Jack Tarkowski to file proof of service of
    this action on the Illinois Environmental Protection Agency (IEPA) on or before April 24, 2009,
    or this action will be subject to dismissal.
    On January 27, 2009, Jack Tarkowski filed a one-page letter (1/19/09 Letter) requesting a
    hearing under Section 34(d) of the Environmental Protection Act (Act), 415 ILCS 5/34(d)(2006).
    The subject of the request for hearing “to be conducted by mail” is a “seal order” entered by the
    Illinois Environmental Protection Agency (IEPA). 1/19/09 Letter at 1.
    On February 19, 2009, in response to a telephone call from the Board’s Assistant Clerk,
    Tarkowski submitted a four-page cover letter (2/19/09 Letter) expressing his concerns in more
    detail than his January 19, 2009 letter. Appended to the letter were 13 attachments. Attachment
    (Attach.) 1 is a copy of a July 7, 2006 seal order issued by the IEPA under Section 34(b) of the
    Act, 415 ILCS 5/34(d).
    The seal order states the IEPA findings that led to issuance of the order. The order
    applies to the property owned by Jack Tarkowski at 27275 W. Lakeview Drive South, Lakeland
    Estates Subdivision, Wauconda, Lake County. 2/19/09 Letter, Attach. 1 at 1. The order recites
    that there is significant waste on the property, dumped to fill wetlands and construct roads. The
    order notes that there was an increase in waste observed between inspections in 2004 and 2006,
    despite the fact that Mr. Tarkowski had been ordered by a court to stop dumping. The order
    concludes that the conditions at the property “constitute an emergency that poses an immediate
    threat to human health any person entering onto the Tarkowski property and to the environment.
    Id.
    at 2. The order goes on to seal the property and to prohibit entry except for specified persons.
    The order provides:
    SAID PROPERTY SHALL REMAIN SEALED UNTIL SUCH TIME AS THIS
    SEAL ORDER HAS BEEN RESCINDED BY THE ILLINOIS EPA. THE
    ILLINOIS EPA WILL NOT RESCIND THIS SEAL ORDER UNTIL THE
    CONTAMINATION PRESENT AT THE SITE HAS BEEN REMEDIATED TO
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    THE SATISFACTION OF THE ILLINOIS EPA, INCLUDING ALL
    CONTAMINATION WHICH HAS OR MAY CONTAMINATE
    SOILS, SURFACE WATERS, OR GROUNDWATER.
    It is a Class A misdemeanor to break any seal or operate any sealed facility until
    the seal is removed according to law.
    Id.
    at 3 (all emphasis in original).
    Mr. Tarkowski’s letter and its attachments relate some of the history at the site,
    including court actions involving it. Mr. Tarkowski’s letter concludes:
    I have asked for a hearing under Section 32 (sic) to remove the barricade [across
    our driveway, prohibiting access to the property and still up], and I will demand
    compensation from the IEPA for the home invasions and damages, which were
    thrown out of the Court of Claims, on IEPA clout and collusion, in Case No. 07
    CC 1487, in which they claimed lack of jurisdiction by the Court of Claims. I
    have more documentation if needed, ask for what you needs, to end this IEPA
    dictatorship and despotism. 2/19/09 Letter at 4-5.
    This is the Board’s first order in this action, which has been docketed by the Clerk’s
    Office, but not formally accepted by the Board. The Board notes that the Board’s procedural
    rules do not include a Part that exclusively implements the provisions of Section 34 of the Act
    (415 ILCS 5/34 (2006)) concerning the lifting of a seal by the Board. However, the Board’s
    rules at 35 Ill. Adm. Code 105.Subpart B govern appeals of final IEPA decisions, including
    permit decisions. 35 Ill. Adm. Code 105.200-105.214. Therefore, the Board will conduct this
    matter under the procedures of 35 Ill. Adm. Code 105.Subpart B. The Board directs its Clerk to
    send Mr. Tarkowski a copy of the procedural rules.
    Before accepting this matter, the Board notes that the record does not indicate that Mr.
    Tarkowski’s letters were sent to the IEPA. Section 105.106 provides that the service
    requirements of 35 Ill. Adm. Code Part 101.Subpart C apply to proceedings under 35 Ill. Adm.
    Code 105. As Mr. Tarkowski seeks to have the Board lift an IEPA seal order, Mr. Tarkowski
    must supply the Board with proof that he has served copies of all documents on the IEPA as
    required by Section 101.304 “Service of Documents”. On or before April 24, 2009, Mr.
    Tarkowski must supply the Board with an affidavit or certificate of service that all documents
    have been served on the IEPA as required in Section 101.304(d), or this action will be subject to
    dismissal.
    The Board notes that on March 4, 2009, Evan J. McGinley of the Office of the Attorney
    General, requested the Clerk of the Board to add him to the service list in this proceeding. The
    Board also directs Mr. Tarkowski to send Mr. McGinley a copy of the documents he sends IEPA
    under this order, and indicate that he has done so in his affidavit or certificate of service under 35
    Ill. Adm. Code 101.304.
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    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on April 2, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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