NOTICE OF FILING
TO : KEVIN KAKAC
Wayne County, Illinois, State's Attorney
P
. 0
. Box 641
Fairfield, IL 62837
PLEASE TAKE NOTICE that I have filed, with the office of the Clerk of the
Illinois Pollution Control Board, a Motion for Reconsideration, on behalf of JULIAN
BUCHANAN, Respondent, a copy of which is herewith served upon you
.
JULIAN BUCHANAN, Respondent
BY: LAW OFFICE OF
MICHAEL J . MOLT, LTD
.
Attorney for Respondent
BY
: N ow
at ()ry\ftV
'
MICHAEL J. MOLT
DATED this
7th
day of September, 2006
LAW OFFICE OF
MICHAEL J . MOLT, LTD .
Attorney for Respondent
P . 0 . Box 652
Fairfield, IL 62837
Telephone : 618/842-4080
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEI V
CLERK'S OFF
ICE
E
County of Wayne,
)
SEP 0 8
2006
Complainant,
)
Pollution
STATE OF
Control
ILLINOIS
Board
vs.
)
AC 191-06-06
Mr
. Julian Buchanan,
)
Respondent
.
)
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon
KEVIN KAKAC, Wayne County, Illinois, State's Attorney, by enclosing the same in an
envelope addressed to such person at his 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 Fairfield, Illinois, on the 7n&day
of3LvrsnaaG, 2006 .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
County of Wayne,
)
Complainant,
)
vs.
)
AC 191-06-06
Mr
. Julian Buchanan,
)
Respondent
.
)
MOTION FOR RECONSIDERATION
Now comes JULIAN BUCHANAN, Respondent, by his attorney, the LAW
OFFICE OF MICHAEL J
. MOLT, LTD., and for his Motion for Reconsideration, states
the following :
1 . Respondent, JULIAN BUCHANAN, received notice of the
Administrative Citation in the above captioned case when he received a copy of said
Administrative Citation by certified mail, return receipt requested on June 17, 2006
. The
file for this case with the Illinois Pollution Control Board should reflect that JULIAN
BUCHANAN received the Administrative Citation on June 17, 2006
.
2
. If the Respondent elects to contest the Administrative Citation the
Illinois Pollution Control Board rules and the Illinois Administrative Code provide that
the Petition for Review must be filed within 35 days of the date of service of the Citation
on the Respondent .
3. Thirty-five days from June 17, 2006, was July 22, 2006
.
4. July 22, 2006 was a Saturday .
R ERK,Eo~ED
SEP 0 8 2006
Pollution
STATE OF
control
ILLINOISBoard
5
. The Illinois Administrative Code and Rules of the Illinois Pollution
Control Board provide that when a pleading is due on Saturday that said pleading may be
filed on the next business day which would be Monday if said Monday is not a holiday
.
6. The next business day after Saturday July 22, 2006, was Monday July
24, 2006 .
7
. Respondent's Attorney the LAW OFFICE OF MICHAEL J . MOLT,
LTD . received copies of a Notice of Filing, Appearance, Petition for Review, and
Certificate of Service showing that the Clerk's Office for the State of Illinois Pollution
Control Board received the original of all of said documents on July 24, 2006.
8. The Petition for Review from JULIAN BUCHANAN, Respondent,
which was by Rule and pursuant to previous decisions of the Illinois Pollution Control
Board actually due on Monday July 24, 2006, was in fact physically received by the
Illinois Pollution Control Board on said date, being July 24, 2006, and
; therefore, was
filed timely .
9
. The Illinois Pollution Control Board issued an Opinion and Order of
the Board on August 4, 2006 which found that the Board received the Petition (Petition
for Review) in this case on July 24, 2006 . The Order found that said document was
delivered by Federal Express and that since it was not sent by and delivered by the U
. S .
Mail to the Office of the Clerk of the Illinois Pollution Control Board it was not
considered filed timely .
10
. Since the documents were actually physically received by the Illinois
Pollution Control Board on July 24, 2006, which was the due date of said documents, the
fact that the documents were delivered by Federal Express and not by the U
. S . Mail
should not be an issue and the filing of the Petition for Review should be considered
timely .
WHEREFORE, JULIAN BUCHANAN, Respondent, respectfully requests the
Illinois Pollution Control Board to Reconsider its decision of August 4, 2006 and to enter
an Order finding that the Petition for Review was timely filed and allowing the Illinois
Pollution Control Board to consider the case of County of Wayne vs
. JULIAN
BUCHANAN on its merits and not rule against JULIAN BUCHANAN finding that the
Respondent was in default for failure to timely file these pleadings .
JULIAN BUCHANAN, Respondent
BY: LAW OFFICE OF
MICHAEL J
. MOLT, LTD .
Attorney for Respondent
BY:
Y1
MICHAEL MOLT
LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
P. O. Box 652
Fairfield, IL 62837
Telephone: 618/842-4080
CERTIFICATE OF SERVICE
I hereby certify that I did, on the 7` h day of September, 2006, send, by U. S. mail,
with postage fully pre-paid, by depositing in the United States Post Office box in
Fairfield, Illinois, a true and correct copy of a Motion for Reconsideration with said
envelope addressed to KEVIN KAKAC, Wayne County Courthouse, P . O. Box 641,
Fairfield, IL 62837, and the original and one copy of said Motion for Reconsideration on
the same date by U . S. Express Mail with postage fully pre-paid, by depositing in the
United States Post Office Box in Fairfield, Illinois the original and one copy of the
Motion for Reconsideration addressed to : DOROTHY GUNN, Clerk, Pollution Control
Board, James R
. Thompson Center, 100 West Randolph Street, Suite 11-500, Chicago, IL
60601 .
JULIAN BUCHANAN, Respondent
BY
: LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
BY : MICHAEL 4
J. MOLT
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFICE
County of Wayne,
)
SEP
0 8 2006
Complainant,
)
STATE OF ILLINOIS
Pollution Control Board
vs.
)
Mr. Julian Buchanan,
)
Respondent .
)
AC 191-06-06
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon
the KEVIN KAKAC, Wayne County, Illinois, State's Attorney, by enclosing the same in
an envelope addressed to such person at his 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 Fairfield, Illinois, on the1rt
. day of
SEPrtiti,acc.2006
.
LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
P . O . Box 652
Fairfield, 11 62837
Phone: 618/842-4080
