AC
NOTICE
OF
APPEARANCE
I
NOW COMES
KINGERY
DURREE
WAKEMAN
& RYAN, ASSOC.,
by
PHILIP
M.
O’DONNELL, and
enters its
appearance in this
matter on
behalf
of
Respondents,
RICHARD A.
&
DAVID
J. KRUMHOLZ
d/b/a
KRUMHOLZ
BROTHERS
LANDSCAPING,
and requests
that
all notices,
pleadings
and
correspondence
be
directed to counsel
at
the
address
stated
herein.
PHILIP
M.
O’DONNELL #2183
KINGERY
DURREE
WAKEMAN
&
RYAN, ASSOC.
915
Commerce
Building
416
Main
Street
Peoria,
Illinois
61602
Telephone:
(309)
676-3612
Facsimile:
(309)
676-1329
RICHARD
A.
&
DAVID
J.
KRUMHOLZ
d/b/a KRUMHOLZ
BROTHERS
LANDSCAPING,
Respondents.
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BEFORE THE ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
OFFICE
JUL
09
jg
ADMINISTRATIVE
CITATION
ILLINOIS
ENVIRONMENTAL
POllutIo
STATE
OILLNOjS
Cont,oi
board
PROTECTION
AGENCY,
)
Complainant,
V.
RICHARD
A. & DAVID
J. KRUMHOLZ
)
d/b/a
KRUMHOLZ
BROTHERS
)
LANDSCAPING,
Respondents.
)
)
(IEPA
No. 118-09-AC)
By
One
of Their Attorneys
1
mq
OØicowIe
BEFORE THE ILLINOIS
POLLUTION
CONTROL
ADMINISTRATIVE
CITATION
‘-
U
2QU9
ILLINOIS
ENVIRONMENTAL
)
llUt1On
STAToF
Control
ILLIN
PROTECTION AGENCY,
)
Complainant,
)
AC
0
v.
)
(IEPA No.
118-09-AC)
)
RICHARD A. & DAVID J. KRUMHOLZ
)
d/b/a
KRUMHOLZ
BROTHERS
LANDSCAPING,
Respondents.
RESPONDENTS’ PETITION
FOR REVIEW
NOW COME Respondents RICHARD A.
&
DAVID
J. KRUMHOLZ
d/b/a
KRUMHOLZ
BROTHERS LANDSCAPING
by
their
attorney, PHILIP
M.
O’DONNELL
of KINGERY DURREE
WAKEMAN & RYAN, ASSOC.,
and as
and
for their
Petition for Review filed pursuant
to §31.1(d) (2) of the Illinois
Environmental
Protection Act
(415
ILCS
5/3
1. 1(d)(2)
(2006)) and
state
as
follows:
1.
Respondents admit the allegations of Paragraph
One.
2.
Respondents deny the allegations
of
Paragraph Two.
3.
Respondents
deny
the
characterization
of their
property as “said
facility”
as
descried
in Paragraph Two,
but
admit that they
have owned
and
operated
the
property
located
at 2115 East
Wilkins Drive
in Peoria County
at
all
times
pertinent
hereto.
4.
Respondents admit that James
Jones of the
Environmental
1
Protection
Agency
inspected
their
property on
May
8, 2009.
Respondents
admit
a copy of his inspection
report
is
attached
to the
Administrative
Citation
and
made
a
part thereof
but deny the
characterizations
of
the
results
of said
inspection
as contained
in
the Jones’
report.
5.
Respondents admit
that on
June
8th
the E.P.A.
sent
the
Administrative
Citation
via
certified
mail to them,
but deny
the factual
allegations regarding
the violations
stated
in
the
Citation.
Violations
Respondents deny
they
committed
the
violations
as
alleged
in
the
Administrative
Citation
on
page
Two, and deny they
violated
the
Sections
21(p)
(1), (3), and (7) of
the Act.
Civil
Penalty
Respondents hereby
Petition
the Pollution Control
Board
for review
of
the
violations alleged
in the Administrative
Citation
herein,
and
deny they
should
be
subject to
the civil penalties
alleged in
pages two
and three
of
the
Citation.
Respondents file
this Petition for Review
pursuant
to §31.1
of the
Act, and
deny
they are liable
for the various statutory
penalties
alleged
in the
Administrative
Citation.
That the Respondents
request
a
review
and
re-hearing
for several
reasons.
Those reasons
include,
but
are not limited
to:
A.
The
facility in question
is not an
open
dump
operation.
The
facility in
question is a
landscaping
contractor’s
business;
2
B.
That
the
facility
in
question
has never
been operated
as
an
open
dump;
nor
is
it
being
operated
as
an open
dump,
nor
are there
any
intentions
to operate
said
facility
as
an
open
dump
and all
said
prior
activities
and
future
intentions
have
been
as aforesaid
in
(A);
C.
That
the
Respondents
have
not,
nor
have
they allowed
other
individuals,
to litter
the
facility
in
question
or
have
the
Respondents
willfully
or maliciously
allowed
open
burning
on
said property.
If any litter
collection
has
occurred,
it
has
been without
knowledge
or
permission
of the
Respondent;
D.
If
any
fire or burning
occurred,
it
was not
with
intention
to
violate
the
Act.
WHEREFORE,
Respondents,
RICHARD
A.
&
DAVID J.
KRUMHOLZ
d/b/a
KRUMHOLZ
BROTHERS
LANDSCAPING,
pursuant
to 415
ILCS
5/3
1.1
(2006),
respectfully
Petition
the Pollution
Patrol
Board
for review
of the
Administrative
Citation
filed
against
them
in this
cause,
and pray
the
Board
for
such
other
and
further
relief
as it
deems
just
and
proper.
RICHARD
A. &
DAVID J.
KRUMHOLZ
d/b/a
KRUMHOLZ
BROTHERS
LANDSCAPING,
Res ondents
By:__________________
PHILIP M.
O’DONNELL
One
of Their
Attorneys
KINGERY
DURREE
WAKEMAN
&
RYAN,
ASSOC.
915
Commerce
Building
416
Main Street
Peoria,
Illinois
61602
Telephone:
(309)
676-3612
Facsimile:
(309)
676-1329
3
Verification
Under
penalties as
provided by
law
pursuant to
Section 1-109
of
the
Code
of
Civil
Procedure,
the
undersigned
hereby
certifies
that
the
statements
set
forth
in this
instrument
are
true
and
correct,
except
as
to
matters
therein
stated to
be on
information
and
belief
and
as
to
such
matters
the
undersigned hereby
certifies
as
aforesaid
that
he
verily
believes
the
same
to
be true.
RIC
ARD
A.
UM1LZ
Verification
Under
penalties
as
provided
by
law
pursuant
to
Section
1-109
of
the
Code
of
Civil
Procedure, the
undersigned
hereby
certifies
that
the
statements
set forth
in this
instrument
are true
and
correct,
except
as
to matters
therein stated
to
be
on
information
and
belief
and
as
to
such
matters
th
dersigned
hereby
certifies as
aforesaid
that
he
verily
believes
t
t
ue.
DjhDJ.
R
MHOLZ
4
NOTICE
OF
FILING
PHILIP
M.
O’DONNELL
KINGERY
DURREE
WAKEMAN
&
RYAN,
ASSOC.
915 Commerce
Building
416
Main
Street
Peoria,
Illinois
61602
Telephone:
(309)
676-3612
Facsimile:
(309)
676-1329
NOW
COME
the
Respondents
RICHARD
A.
&
DAVID
J.
KRUMHOLZ
d/b/a
KRUMHOLZ
BROTHERS
LANDSCAPING
by
their
attorney,
PHILIP
M.
O’DONNELL
of
KINGERY
DURREE
WAKEMAN
&
RYAN,
ASSOC.,
and
hereby
file
this Notice
with
the
attached
document
with
the Pollution
Control
Board:
1.
Petition
for
Review
and
Certificate
for
Service
A
copy
of
this
Notice
was
served
upon
all
necessary
parties
by
U.S.
Mail
on
July
7,
2009.
RICHARD
A.
&
DAVID
J.
KRUMHOLZ
d/b/a
KRUMHOLZ
BROTHERS
LANDSCAPING,
Respondents
By:_______________________
One
of
Their
Attoirieys
5
I
CERTIFICATE
OF
SERVICE
To:
Ms.
Michelle
Ryan,
Assistant
Illinois
Pollution
Control
Board
Counsel
Illinois
Environmental
State
of
Illinois
Center
Protection
Agency
100
W.
Randolph,
Suite
11-500
1021
North
Grand
Avennue
Esate
Chicago,
IL
60601
P.O.
Box
19276
Springfield,
IL
62794-9276
The
undersigned
hereby
certifies
that
the
appropriate
copies
of
the
following documents,
along
with
a copy
of
this
Certificate,
was
served
upon
the
above
individuals,
in
the
above
cause
by
hand
delivery
or
by
sealing
a
copy
thereof
in
a postage prepaid
envelope
addressed
as
above
set
forth
and
deposited
in
the
U.S.
Mail
at
Peoria,
Illinois
on
the
day
of
JULY,
2009.
1.
Petition
for
Review.
RICHARD
A.
&
DAVID
J.
KRUMHOLZ
d/b/a
KRUMHOLZ
BROTHERS
LANDSCAPING,
Respondents7
By:_______
PHILIP M.
O’DONNELL
One
of
Their
Attorneys
KINGERY DURREE WAKEMAN
&
RYAN, ASSOC.
915
Commerce
Building
416
Main
Street
Peoria,
Illinois
61602
Telephone: (309)
676-3612
Facsimile:
(309)
676-1329
6