D

BEFORE THE ILLINOIS

POLLUTION

CONTROL BOARD

CLERK’S OFF!CF

ADMINISTRATIVE

CITATION

COUNTY OF VERMILION, ILLINOIS

)

STATE OF ILLINOIS

POHUt!Qfl Control Board

Complaintant,

)

AC No.

04-56

)

County File

No.

04-01

v.

)

JERRY HATHAWAY,

)

DARRELL

CRIPE

)

)

MOTION TO RECONSIDER OR,

IN

THE ALTERNATIVE,

MOTION

TO VACATE DEFAULT

NOW COMES the

Respondent, Jerry Hathaway,

by and through

his attorney, Daniel

Brown,

and hereby respectfully moves this Honorable Court to reconsider the Order and

Opinion entered May 6, 2004, or in the

alternative, to vacate the

default entered against

the

Respondent, Jerry Hathaway,

and

in support

thereof,

states as follows:

1.

That the Respondent, Jerry Hathaway, previously received a Petition that was

purportedly filed in the

above stated cause.

However,

at the time he received

said

Petition, it was

neither file marked

nor contained

a case number upon which to respond.

2.

That the Petition filed in said cause alleges that Jerry Hathaway is the owner and

that the co-respondent, Darrell

Cripe,

is

a tenant of the owner.

Contrary to the

allegation in the

Petition, the co-respondent,

Darrell

Cripe,

is

a contract purchaser.

3.

That prior to the

receipt of the

un-file marked

Petition, the

Respondent,

Jerry

Hathaway, was

not aware of any allegations to violations by the

Pollution Control

Board.

4.

That the

Respondent, Jerry Hathaway,

has a viable defense and would have

responded to said action had

he been provided

proper notice of the proceeding,

been

aware that the action

had been filed or been provided

a

case number upon which to

respond to said Petition.

WHEREFORE, the Respondent, Jerry Hathaway, by and through

his attorney,

Daniel

Brown, respectfully moves this Honorable Court to vacate the default entered

in

the above stated cause,

or in the alternative, to reconsider the Order and allow the

Respondent, Jerry Hathaway, the opportunity to respond to the

Petition filed herein, and

further moves for such other and further relief as the Court deems necessary and

proper.

---

PROOF

OF

SERVICE

I,

the

undersigned, being first duly sworn, depose and state that

I mailed

a

copy of

the foregoing document

to:

Jennifer Riggs

Vermilion County States Attorney

7

N.

Vermilion

Street

Danville, IL

61832

by placing

a

copy of this document

in an envelope properly addressed and stamped,

and

mailed said envelope from

a

United States Post

Office Box located

in

Danville,

Illinois,

on the

17th

day of June, 2004.

Prepared

by:

Daniel D.

Brown

Attorney at Law

819

N. Sherman Street

Danville, Illinois

61832

Telephone No:

217/446-4464

III.

Reg.

Disc. #061 87039

Ind. Reg.

Disc. #4337-98

sdc/Hathaway, Jerry.rel/O1

004.doc