BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
ADMINISTRATIVE CITATION
SEP 1
12006
COUNTY OF OGLE,
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs.
) NO. AC# 06-53
(Administrative Citation)
GEORGE C. HEAL,
)
Respondent .
)
NOTICE OF FILING
TO :
Assistant State's Attorney Ken Zelazo
State's Attorney's Office of Ogle County, Illinois
106 S
. 5th Street, Suite 110
Oregon, IL 61061
PLEASE TAKE NOTICE that I have filed on September 8, 2006, with the Office of the
Clerk of the Pollution Control Board the Response of the Respondent to the Board's Direction to
Address Adequacy of Service on the Respondent which is hereby served upon you
.
Dated: September 8, 2006
DENNIS R. HEWITT
1124 Lincoln Highway
Rochelle, IL 61068
Telephone (815) 562-2704
Attorney for Respondent .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF OGLE,
)
Complainant,
)
vs.
)
NO. AC# 06-53
(Administrative Citation)
GEORGE C
. HEAL,
)
Respondent.
)
RESPONDENT'S RESPONSE
TO THE BOARD'S DIRECTION TO ADDRESS ADEQUACY OF SERVICE
ON THE COMPLAINANT
The Respondent, GEORGE C
. HEAL, respectfully responds to the Complainant's
Response as follows :
1
. It agrees with the Complainant's response in paragraph 1 .
2
. The Respondent denies that a Citation was served upon the Respondent by certified
mail because the certified mail was accepted by a non-authorized non-member of Mr
. Heal's
household
. Therefore, service having been made on a complete stranger to these proceedings,is
not effective
. Additionally, Adm . Code 101
.304 (c) requires that the proof of service of the
enforcement complaint be filed with the board upon completion of service
.
The Respondent has
not been provided proof that the County has met this requirement prior to its filing of August
25,
2006.
3
. For service to be complete, the date specified must be on the mail receipt
indicating
that the Respondent received the Complaint
.
4. Due process does
require service upon the Respondent.
5
. The Respondent acknowledges that a Complaint has been filed but his
-2-
acknowledgment and response does not alleviate the requirement that the Complainant properly
serve the Complaint
. The mail receipt submitted by the Complainant indicates that the
Respondent was not properly served
. The burden of proof lies with the Complainant .
WHEREFORE, the Respondent, GEORGE C
. HEAL, requests that the Board dismiss the
Administrative Citation by Ogle County because of inadequate service
.
Respe
sub
d
DENNIS R . HEWITT
1124
Lincoln Highway
Rochelle, IL 61068
Telephone
(815) 562-2704
Attorney for Respondent .
S
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF OGLE,
)
Complainant,
)
vs .
) NO
. AC# 06-53
(Administrative Citation)
GEORGE C
. HEAL,
)
Respondent .
)
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing Respondent's Response to the
Board's Direction to Address Adequacy of Service on the Respondent was served upon the
following:
Illinois Pollution Control Board
Ogle County State's Attorney Office
James R
. Thompson Center
Attn: John B . Roe
100 W. Randolph Street, Ste. 11-500
P. O. Box 395
Chicago, IL 60601
Oregon, IL 61061
by enclosing same in an envelope addressed to them with postage fully prepaid and by depositing
said envelope in a U . S . Post Office Mail Box in Rochelle, Illinois, on the 8th day of September,
2006
.
DENNIS R. HEWITT
1124 Lincoln Highway
Rochelle, IL 61068
Telephone (815) 562-2704
Attorney for Respondent .
S
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