BEFORE THE ILLINOIS POLLUTION CONROL BOARD
    JUL
    96’
    2009
    ADMINISTRATIVE
    CITATION
    0
    ,..,
    Poliui-
    OF:
    Contrj8
    IL.’
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    AC
    )
    v.
    )
    (JEPA
    No.
    98-09-AC)
    )
    MONTEL and ANEITA METZGER,
    )
    Respondents
    )
    NOTICE OF FILING
    To:
    Michelle M. Ryan
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
    John Therriault, Clerk
    Illinois Pollution
    Control Board
    100 West
    Randolph
    Street
    Suite
    11-500
    Chicago, IL 60601
    PLEASE
    TAKE NOTICE that on this date I mailed for filing with the Clerk of
    the
    Pollution Control Board of the State of Illinois the following documents entitled:
    PETITION
    FOR REVIEW and NOTICE OF APPEARANCE.
    Respectfully. Ibmitt4,
    Midrew
    .i.
    Lankton,
    Attorney for Respondents
    Leiken-Lankton
    L.L.C.
    120 5.
    Main
    St.,
    P.O. Box
    207
    Eureka,
    IL 61530
    phone - (309)
    467-37
    1 1
    fax - (309)
    467-4471
    Dated:
    July
    2, 2009
    AC
    )
    )
    (IEPA
    No.
    98-09-AC)
    )
    )
    )
    )
    NOTICE
    OF
    APPEARANCE
    NOW
    COMES
    ANDREW
    J.
    LANKTON
    of the
    law
    firm
    of
    LEIKEN
    LANKTON L.L.C.
    and
    hereby
    enters
    his
    appearance
    on
    behalf
    of
    MONTEL
    and
    ANEITA
    METZGER
    this
    date.
    Dated:
    July 2, 2009
    LEIKEN-LANKTON L.L.C.
    120
    South
    Main
    Street
    — P.O.
    Box
    207
    Eureka,
    IL 61530
    Telephone:
    (309)
    467-3711
    BEFORE
    THE
    ILLINOIS
    POLLUTION CONROL
    BOARD
    ADMINISTRATIVE
    CITATION
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    V.
    MONTEL
    and
    ANEITA
    METZGER,
    Respondents.
    JU’
    S
    2
    uOq
    poIIuii
    I?
    J0Is
    LEIKEN-LANKTON
    L.L.C.
    By:
    ANDREW
    J. LANKTON
    )
    )
    )
    AC
    )
    )
    (IEPA No.
    98-09-AC)
    )
    )
    )
    )
    PETITION
    FOR
    REVIEW
    Now comes MONTEL
    and
    ANEITA
    METZGER,
    by
    and
    through their attorney,
    Leiken-Lankton
    L.L.C., to petition
    for review of
    this administrative
    citation
    and further
    state
    as follows:
    1.
    Respondents
    received
    this administrative
    citation
    alleging
    three
    violations
    of the Illinois
    Environmental
    Protection
    Act as follows:
    causing
    or
    allowing
    the
    open
    dumping of waste
    in a manner
    resulting
    in litter,
    causing or allowing
    the
    open dumping
    of
    waste in
    a manner resulting in
    open burning,
    and causing or allowing
    the open
    dumping
    of
    waste in
    a
    manner
    resulting in
    the
    deposition of
    general construction
    or demolition
    debris.
    2.
    Respondents
    own the property
    at 292
    Denman Road,
    Carlock, Woodford
    County,
    Illinois.
    3.
    Much
    of the items in question
    preexisted
    the Respondents’
    ownership
    of
    the property.
    4.
    Respondents
    do not agree that
    all
    items
    listed
    comprise junk in
    that many
    items retained
    in a farm yard such
    as culverts, pipes
    and scrap
    lumber
    are held for
    possible repairs.
    raised.
    5.
    However, Respondents
    have been working to
    correct issues
    that have been
    6.
    Respondents
    have made substantial
    progress
    in that they have
    removed
    16.8
    tons of material
    from the property since
    September
    of 2008.
    BEFORE
    THE ILLINOIS
    POLLUTION
    CONROL
    ADMINISTRATIVE
    CITATION
    JUL
    ILLINOIS
    ENVIRONMENTAL
    O62oog
    Co
    PROTECTION
    AGENCY,
    Complainant,
    v.
    MONTEL
    and
    ANEITA METZGER,
    Respondents.
    F’
    / /
    .
    7.
    Unfortunately
    Respondents
    have not been
    able
    to continue
    to correct
    the
    issues raised
    as
    quickly
    as they
    wish.
    a.
    Respondents
    are elder.
    Montel
    Metzger has
    had
    medical
    issues
    that
    have
    prevented
    his
    ability
    to work on
    this project.
    b.
    Further,
    the contractor
    Respondents
    were working
    with
    has
    failed
    to
    return to
    assist in
    the
    removal
    of the material
    in
    question.
    WHEREFORE,
    Respondents
    because of
    the circumstances
    beyond
    their
    control
    hereby
    request
    that the
    Board adopt
    a final
    order
    finding
    no violation
    and
    imposing
    no
    penalty.
    /
    RespectiW
    7
    submitted,
    ‘Andrew
    J. Lankton,
    Attorney
    for
    Respondents
    Leiken-Lankton
    L.L.C.
    120 S.
    Main St.,
    P.O.
    Box 207
    Eureka,
    IL 61530
    phone
    - (309)
    467-3711
    fax
    - (309)
    467-4471
    Dated:
    July 2,
    2009
    CLERK’S
    OFFICE
    JUL
    062009
    Proof of Service
    STATE
    OF
    fLU
    NOIS
    Pollution
    Contro
    Board
    The
    undersigned certifies that she served a copy of
    the within documents entitled:
    PETITION
    FOR
    REVIEW, NOTICE OF FILING
    and NOTICE OF APPEARANCE
    upon
    the
    following persons by
    mailing
    a copy of
    the same to them on the 2nd day of July,
    2009 at 5:00 p.m. in an
    envelope plainly addressed to them, which envelope was deposited
    in the United States
    Postal
    Service Office
    at
    Eureka, Illinois, with proper postage fuily
    prepaid:
    Michelle M. Ryan
    Illinois
    Environmental Protection Agency
    1021 North
    Grand Avenue
    East
    P.O.
    Box 19276
    Springfield,
    IL
    62794-9276
    John Therriault,
    Clerk
    Illinois
    Pollution Control Board
    100 West
    Randolph
    Street
    Suite
    11-500
    Chicago, IL 60601
    LEIKEN-LANKTON
    L.L.C.
    120
    South
    Main Street — P.O.
    Box 207
    Eureka,
    IL
    61530
    Telephone: (309)
    467-3711
    LEIKEN-
    LANKT0N,
    L.L.C.
    AnoEYs
    AT
    LAW
    120
    SOUTH
    MAIN
    STREET
    e
    POST OFFICE
    BOX
    207
    • EuREKA,
    IL 61530
    TELEPHONE
    (309)
    467-3711
    •
    FAX
    (309)
    467-4471
    Andrew
    J.
    Lankton
    Larry
    M. Leiken
    Attorney
    Of
    Counsel
    Carla
    J.
    Sluga
    Ben
    C. Leiken
    (1907
    - 1994)
    Office
    Manager
    ECEllVED
    CLERK’S
    OFFICE
    JUL
    U62iU9
    July
    2,
    2009
    sTATE
    OF
    ILLINOIS
    Pollution
    CofltrO
    Board
    John
    Therriault,
    Clerk
    Illinois
    Pollution
    Control
    Board
    100
    West
    Randolph
    Street
    Suite
    11-500
    Chicago,
    IL
    60601
    Re:
    IEPA
    v.
    Metzger
    IEPA
    No.
    98-09-AC
    Dear
    Mr.
    Therriault:
    Enclosed
    please
    find
    Respondents’
    Petition
    for
    Review
    and
    Notice
    of
    Appearance.
    Please
    file
    same
    and
    return
    a
    file
    stamped
    copy
    in
    the
    enclosed
    envelope.
    Thank
    you
    for
    your
    courtesy
    in
    this
    regard.
    1
    Andre
    J.
    Lankton
    enclosure

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