1. NOTICE OF FILING
      2. MOTION FOR RECONSIDERATION
      3. PROOF OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
E C E ~yE
~
CLERK’S OFFICE
ILLINOIS ENVIRONMENTAL
)
JAN
26
2004.
PROTECTION AGENCY,
)
STATE OF ILUNOIS
Pollution Control Board
Complainant,
)
AC 04-19
)
v.
)
(EPAN0.
583-03-AC)
)
CHRISTOPHER COLEMAN,
)
)
Respondent.
)
NOTICE OF FILING
To:
Christopher
Coleman
114
West Poplar Street
Coboden,
Illinois
62920
PLEASE
TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution Control
Board ofthe State ofIllinois the followinginstrument(s) entitled MOTIONFOR RECONSIDERATION.
Respectftilly submitted,
ichelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: January 22,
2004
THIS
FILING SUBMITFED ON
RECYCLED PAPER
RECEFVED
CLERK’S OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
JAN
262004
STATE OF ILUNOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-19
)
v.
)
(IEPA No. 583-03-AC)
)
CHRISTOPHER COLEMAN,
)
)
Respondent.
)
MOTION FOR RECONSIDERATION
NOW COMES the Complainant, the Illinois
Environmental Protection Agency (“Illinois
EPA”),by and through its attorney,Michelle M. Ryan, pursuantto 35111. Adm. Gode 108.520 and 35
Ill. Adm.
Code
108.902, and respectfully states as follows:
(1)
OnOctober 20, 2003, Illinois EPA issued an Administrative Citation to Respondent,
Chris
Coleman, based on an inspection conducted on August 29, 2003.
(2)
Pursuant to 415 ILCS
5/31.1(b),
theAdministrative Citation wasrequired to be served
no later than October 28, 2003,
by certified mail.
(3)
On
October
27,
2003,
Illinois
EPA
filed
a
certified mail
receipt,
addressed
to
Respondent
and signed by Nicci Coleman on
October 24, 2003.
(4)
On December 18, 2003, the Pollution Control Board (“Board”) issued a final order,
ordering Respondent to
pay
a
penalty of $3,000
by
January
17,
2004.
The
Order noted
that
Respondent’s Petition for Review was postmarked December 3, 2003, which was 40 days after the
reported October 24, 2003 service date.
(5)
On January 13, 2004, Respondent informed Illinois EPA that he was out-of-state
on October 24, 2003, and
that his sister, who does not reside with
him, picked up his mail while
he was gone.
Respondent further indicated that he did not receive the actual Administrative
Citation package until November
11, 2003, when he returned to Illinois
(see
attached affidavit
from Nicci Coleman).
(6)
Because Illinois EPA was unaware ofthe apparent defect in service in this case
prior to the Board’s December
18, 2003 order, the Board did not have adequate evidence before
it regarding the service issue when it made its decision.
WHEREFORE, Illinois EPArequests that theBoard reconsiderits December 18, 2003 order
based
on the
new evidence herein
contained,
and
dismiss this
Administrative
Citation
against
Respondent Chris Coleman.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: January 22, 2004
~
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
2
ILLINOIS
POLLUTION
CONTROL BOARD
lA~’ ~
-~
4
ILLINOIS ENVIRONMENTAL
)
Environnant~U
~-‘roiectiQfl
PROTECTION AGENCY,
)
~
c
Complainant,
)
AC
04-19
)
v.
)
(IEPA No. 583-03-AC)
)
CHRISTOPHER COLEMAN,
)
Respondent.
)
AFFIDAVIT
Affiant, Nicci
M.
Coleman, being first duly sworn, voluntarily deposes and states as
follows:
1.
Christopher Coleman, the respondent
in this matter,
is my brother.
2.
My brother Chris requested that
I
pick up his mail while he was out of state.
3.
I
picked up
the Administrative Citation package sent by Illinois EPA to my brother
Chris and signed for it on
October 24, 2003.
4.
I do not live
at my brother’s address, but
on
Kretzinger Hollow
Road, in
Anna,
Illinois.
5.
My brother didn’t receive the Administrative Citation package from me until he
returned on November
11,
2003.
FURTHER AFFIANT SAYETH
NOT.
11
A
I
Nicci
M.
Coleman
Subscribed and s
orn to
before me
this~O dayof~~~2004.
~
Notary
Public, S~te
cifl!i~ois
~
~.
~
~
N~TARY
PUBLIC
PROOF OF SERVICE
I hereby certify
that I did on
the 22~’
day of January, 2004,
send by U.S. Mail, with postage
thereon fullyprepaid, by depositing in a United States Post Office Box a true and correct copyofthe
following instrument(s) entitled MOTION FOR RECONSIDERATION
To:
Christopher Coleman
114 West Poplar Street
Coboden, Illinois 62920
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by U.S. Mail with postage thereon fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
0
(217) 782-5544
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER

Back to top