ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
COpy
TO:
Mr. John
Therriault
Assistant
Clerk of the Board
Illinois Pollution
Control
Board
100
West Randolph
Street
Suite 11-500
Chicago, IL 60601
(SEE PERSONS
ON ATTACHED
SERVICE
LIST)
PLEASE
TAKE
NOTICE
that
I have
today filed
with the Office of the
Clerk of
the
Illinois Pollution
Control Board
an Entiy
of Appearance
of Jon
S.
Faletto, Motion
to
Consolidate,
and Petition
to Contest Administrative
Citation,
copies
of which are
herewith
served
upon
you.
Dated:
May
28,
2009
Jon
S.
Faletto
Hinshaw
&
Culbertson
LLP
416 Main
Street,
6th
Floor
Peoria, IL 61602
309-674-1025
Respectfully
submitted,
C. JOHN
BLICKHAN,
Respondent
This document
utilized
100% recycled
paper products.
BEFORE
THE ILLiNOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
Complainant,
V.
C.
JOHN
BLICKHAN,
Respondent.
RECEVED
CLERK’S
OFFICE
JUN
012009
STATE
OF
ILLINOIS
Pollution
Control
Board
AC 09-46
(IEPA
No.
94-09-AC)
)
)
)
)
)
)
)
)
)
)
NOTICE
OF FILING
80283370v1
887676
67628
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
COpy
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
)
CLERK’S
OFFICE
PROTECTION
AGENCY,
)
)
‘ND1
2009
Complainant,
AC
09-46
PoUtjoi
COrd
)
(IEPA
NO.
94-09-AC)
C.
JOHN
BLICKHAN,
)
)
Respondent.
)
ENTRY
OF
APPEARANCE
OF
JON S. FALETTO
NOW
COMES
Jon
S.
Faletto,
of the
law
firm Hinshaw
&
Culbertson
LLP, and
hereby
enters
his
appearance
on behalf
of
Respondent,
C.
JOHN BLICK}{AN,
in this matter.
Dated:
May 28,
2009
Respectfully
submitted,
C.
JOHN BLICKHAN,
Respondent
Jon
-‘Fa
e’tto
On of
s
Attdrneys
Jon
S.
Faletto
Hinshaw
&
Culbertson
LLP
416
Main
Street, 6th
Floor
Peoria,
IL
61602
309-674-1025
This
document
utilized
100%
recycled
paper
products.
80283347v1
887676
67628
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ADMINISTRATIVE
CITATION
ECEUVE
CLERK’S
OFFICE
C. JOHN
BLICKHAN,
)
)
JUNQ1yj
9
Petitioner,
)
STATE
OF
ILLINOIS
)
POJIton
Control
Goard
vs.
)
AC
09-46
)
ILLINOIS
ENVIRONMENTAL
)
(IEPA NO.
94-09-AC)
PROTECTION
AGENCY,
)
)
Respondent.
)
MOTION
TO CONSOLIDATE
NOW COMES
the Petitioner,
C.
JOHN
BLICKHAN,
(hereinafter
“Petitioner
or
“John
Blickhan”),
by
and
through
his attorneys,
Hinshaw
& Culbertson
LLP,
and pursuant
to Section
40(a)(1)
of the
Illinois Environmental
Protection
Act
(the
“Act”), 415
ILCS
5/40(a)(1)
and
35 Ill.
Admin.
Code
Part 105,
Subpart B,
hereby moves
to consolidate
the
above-captioned
matter
with
Illinois
Environmental
Protection
Agency v.
C. John Blickhan,
Case
No. AC
07-24,
and
illinois
Environmental
Protection
Agency
v.
C.
John
Blickhan,
Case
No. AC
08-19,
and in
support
thereof, states
as
follows:
1.
These
actions
arise out
of
the same
alleged
unlawful
conduct at
the leased
property
commonly
known as
Blick’s
Village
in
Quincy,
Illinois,
albeit
occurring
at different
times.
2.
Consolidation
of these
actions
is appropriate,
and in
the interest
of judicial
economy,
these
actions
should be
combined.
80283368v1
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WHEREFORE,
the
Defendant,
C.
JOHN
BLICK}{AN,
respectfully
requests
the
Board
to
consolidate
Case
No.
09-46
with Case
Nos. AC
07-24
and AC
08-19.
Dated: May
28,
2009
Respectfully
Submitted,
On behalf
of
C.
JOHN
BLICKHAN
By: Hinshaw
& Culbertson
LLP
HINSHAW
&
CULBERTSON
LLP
416 Main
Street
—
6
th
Floor
Peoria,
IL
61602-3
126
309-674-1025
309-674-9328
(fax)
j
faIetto(4hinshawlaw.corn
This document
utilized
100%
recycled
paper products
80283368v1
887676 67628
C.
JOHN
BLICKHAN,
Respondent.
PETITION
TO
CONTEST ADMINISTRATIVE
CITATION
NOW
COMES
Respondent,
C.
JOHN
BLICKHAN,
by
and
through
his
attorneys,
HINSHAW
&
CTJLBERTSON
LLP,
and
pursuant
to
35 Ill.
Admin
Code
§108.204,
hereby
contests
the Administrative
Citation
(“AC”)
improperly
issued
by
Complainant,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
(“IEPA”),
in
the
above-entitled
case
and in
support
thereof,
states
as
follows:
1.
On or
about
May
18,
2009,
Complainant
IEPA
filed
an AC
with
the
Illinois
Pollution
Control
Board
(“Board”)
alleging,
inter
alia,
that
Mr.
C.
John
Blickhan
operates
a
“facility”
which
constitutes
an
“open
dump”
operating
without
an
IEPA-issued
Operating
Permit.
See
Administrative
Citation,
Illinois
Environmental
Protection
Agency
v.
C.
John
Blickhan
AC
08-19
(IEPANo.
94-09-AC).
2.
The
AC
issued
by IEPA
failed
to
identify
the
location
of
the
alleged
“facility”
that
constitutes
an
“open
dump”
other
than
a
reference
to the
“Quincy/Blickhan
Landfill.”
3.
Attached
to
the
AC
was the
March
17,
2009
Inspection
Report
of
IEPA
Official
Paul
Eisenbrandt,
which
provided
additional
detail
regarding
the
alleged
violations
of
§21(p)
of
the
Illinois
Environmental
Protection
Act
(“Act”)
cited
in the
AC.
The
Inspection
Report
also
V.
BEFO
THE
ILLINOIS
POLLUTION
CONTROL
BOO1
MINISTTIVE
CITATION
ILLINOIS ENVIRONMENTAL
)
RECEVED
PROTECTION
AGENCY,
)
CLERK’S
OFFICE
Complainant,
JUN
0
12009
)
AC
09-46
STATE
OF
iLLlNOS
)
(IEPA
NO.
9409
!Qtb01
Control
8orc
)
)
)
80283385v1
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67628
provided
additional
detail
regarding
the
precise
locations
where
JEPA
Official Eisenbrandt
identified
the
alleged
violations.
4.
As more
fully
identified
and
described
in
the
Inspection
Report
of
IEPA
Official
Paul
Eisenbrandt,
the alleged
violations
of §21(p)
of the
Act
were
identified
as occurring
at
residential
properties
located
within
a development
known
as
“Blick’s
Village”
located
at
the
common
address
of Buck’s
Village
Court
in
Quincy,
Illinois.
5.
The
Complainant
states
that
the
“Respondent
has
owned
and
operated
said facility
at all
times
pertinent
hereto.”
To the
extent
Complaint
equates
“said
facility”
with
the
locations
where
Inspector
Eisenbrandt
observed
the
§21(j))
alleged
violations,
Complainant’s
allegation
is
false
and
denied.
6.
Section
108.206
of
the
Board’s
Regulations
applicable
to Administrative
Citations
provides,
in
relevant
part,
“(A)
formal
Petition
to Contest
must
include
any
reasons
why
the AC
recipient
believes
the
AC
was
improperly
issued,
including:
(b)
The
AC
recipient
did
not cause
or
allow
the
alleged
violations;
and
(d)
the
alleged
violation
was
a result
of uncontrollable
circumstances.”
(35 Ill.
Admin.
Code
§
108.206(a)(b)).
7.
C.
John
Blickhan,
the
Respondent
and
recipient
of
the
Complainant’s
AC, did
not
cause
or
allow
the
alleged
violations
as
stated
in
the
AC
filed
by
IEPA.
While
the
Respondent
owns
certain
property
identified
as
“Buck’s
Village,”
he
has
lawfully
transferred
possession
and
control
of those
properties
pursuant
to
written
lease
agreements.
To
the
extent
the
alleged
violations
were
observed
at
the
locations
identified
by
IEPA
Official
Paul
Eisenbrandt,
the
Respondent is
not
liable
for
those
violations
because
he
did
not cause
or
allow
the
alleged
violations.
8.
Therefore,
the AC
was
improperly
issued
to
Respondent
C.
John
Blickhan.
8O283385v
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67628
9.
Further,
on information
and
belief,
the
Respondent
did
not
cause or allow
the
alleged
violations
of
§21(p)
which,
if
such
violations
occurred
as
alleged,
was
a
result
of
uncontrollable
circumstances
pursuant
to
35
Ill. Admin.
Code
§
108.206(b)
and
(d).
WHEREFORE,
Respondent
C.
JOHN
BLICKHAN,
requests
that
the
Illinois
Pollution
Control
Board
enter
an
Order
dismissing
the
Administrative
Citation
as
improperly
issued
pursuant
to
§31.1
of
the
Act
and
implementing
regulations,
and
denying
the
civil
penalties
and
any
other
relief
sought
therein.
Dated:
May
28,
2009
Respectfully
submitted,
C.
JOHN
BLICKHAN,
Respondent
Jon”S.
11etto’\
OkofThs
Ameys
Jon
S.
Faletto
Hinshaw
&
Culbertson
LLP
416
Main
Street,
6th
Floor
Peoria,
IL 61602
309-674-1025
This
document
utilized
100%
recycled
paper
products.
80283385v1
887676
67628
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
ADMINISTRATIVE
CITATION
C.
JOHI\T
BLICKHAN,
Petitioner,
vs.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
)
)
)
)
)
AC 09-46
)
)
)
)
)
(IEPA
NO.
94-09-AC)
CEVED
CLERK’S
OFFICE
JUN
012009
PoIIj
0
STATE
OFIL.LINO,S
Control
Board
CERTIFICATE OF
SERVICE
I,
Jon
S.
Faletto, the undersigned, hereby certify
that I have served
the attached Entiy
of
Appearance,
Petition to Contest Administrative Citation,
and Motion to
Consolidate upon:
Michelle M. Ryan, Esq.
Assistant Counsel
Illinois
Environmental Protection
Agency
1021
North
Grand
Avenue East
P.O. Box
19276
Springfield, IL 62794-9276
John
T. Therriault
Assistant
Clerk of the Board
Illinois
Pollution
Control
Board
James R.
Thompson Center
100
W.
Randolph St., Ste. 11-500
Chicago, IL
60601
By
depositing said
documents
in the United
States
Mail,
postage prepaid, in Peoria, Illinois,
on
May28, 2009.
This
document utilized
100%
recycled
paper products.
80283371v1
887676 67628