1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
  2. PETITION TO CONTEST ADMINISTRATIVE CITATION
  3. CERTIFICATE OF SERVICE
Printed on Recycled Paper in Accordance with 35 Ill. Adm. Code 101.202 and 101. 302(g)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY
)
)
Complainant,
)
)
v.
)
)
AC 06-23
HAROLD GRAVES
)
(IEPA No. 3-06-AC)
)
Respondent.
)

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PETITION TO CONTEST ADMINISTRATIVE CITATION
NOW COMES Respondent HAROLD GRAVES, by and through his attorney Claire A.
Manning, Brown Hay & Stephens, LLP, and in accordance with the procedural rules of the
Illinois Pollution Control Board (“Board”) at 35 Ill. Adm. Code Part 108, files the following
PETITION FOR REVIEW of Administrative Citation 06-23.
1.
Respondent HAROLD GRAVES owns and operates a demolition business,
known as Harjoy, Inc. and in late 2005 Respondent’s company was contracted to demolish the
Pana Junior High School.
2.
Respondent HAROLD GRAVES, in his individual capacity, did not contract for
the demolition or transfer of any of the material from the school project and thus cannot be held
individually liable pursuant to this Administrative Citation. Thus, the Board has no jurisdiction
over Respondent HAROLD GRAVES.
3.
Further, neither Respondent HAROLD GRAVES, nor his company, own the
property which is the subject of this administrative citation. See 35 Ill. Adm. Code 108.206.
Accordingly, Respondent can not be held responsible under the administrative citation provisions
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
Printed on Recycled Paper in Accordance with
2
35 Ill. Adm. Code 101.202 and 101. 302(g)
for a decision made by the property owner at this site as they relate to the nature of his use of the
brick and other demolition debris from the school site.
4.
Respondent HAROLD GRAVES maintains that the material in question was
neither waste nor litter and, accordingly, there is no violation of Section 21(p)(1) or Section
21(p)(4) of the Environmental Protection Act (“Act”).
5.
Respondent HAROLD GRAVES maintains that the transfer of the construction
and demolition material to Mr. Eilers, for his use, does not constitute a violation of Section
21(p)(7) of the Act.
6.
Respondent HAROLD GRAVES maintains that his actions in this matter do not
amount to a violation of the Act.
WHEREFORE, Respondent HAROLD GRAVES requests that the Illinois Pollution
Control Board dismiss this matter for lack of jurisdiction as to him or set the matter for hearing.
Respectfully submitted,
By: ___/s/ Claire A. Manning
______
HAROLD GRAVES
By: Claire A. Manning
BROWN, HAY & STEPHENS, LLP
Claire A. Manning, Esq.
Registration No. 3124724
205 S. Fifth Street, Suite 700
P.O. Box 2459
Springfield, IL 62705-2459
(217) 544-8491
(217) 241-3111 (fax)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006
Printed on Recycled Paper in Accordance with
3
35 Ill. Adm. Code 101.202 and 101. 302(g)

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CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing PETITION TO CONTEST was
served by placing same in a sealed envelope addressed to:
MICHELLE M. RYAN
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
and by depositing same in the United States mail in Springfield, Illinois, on the 3RD day of
MARCH, 2006.
____________________________________
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006

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