)
    Complainant,
    )
    )
    )
    )
    )
    )
    )
    Respondents.
    )
    NOTICE OF FILING
    BOARD
    AC
    (IEPA No. 391-03-AC)
    RECEIVED
    CLERK’S
    OFFICF
    SEP
    15
    2003
    STATE OF ILLiNOIS
    Pollution
    Control Board
    To:
    State ofIllinois
    Pollution Control Board
    Attn:
    Clerk
    100 West Randolph Street
    James R. Thompson Center
    Suite 11-500
    Chicago, Illinois
    60601-3218
    Ms. Michelle M. Ryan
    Assistant Counsel
    Division ofLegal Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P. 0.
    Box 19276
    Springfield, Illinois 62794-9276
    PLEASE TAKE NOTICE that on Friday, September
    12, 2003,
    I filed via U.
    S. Mail with
    the
    Office of the
    Clerk
    of the
    Pollution
    Control
    Board
    of the
    State
    of Illinois
    an
    Entry
    of
    Appearance
    and
    Petition
    for Review,
    copies of which
    are attached hereto
    and herewith served
    upon you.
    Respectfully submitted,
    JOW\T J. McCARTHY
    Attorney at Law
    45 East Side Square
    Suite 301
    Canton, Illinois
    61520
    Telephone:
    (309) 647-7477
    Facsimile:
    (309) 647-7482
    Mary Lou Record and H. Frank Record,
    Respondents
    By:
    7Th~-
    John
    .
    McCarthy
    h&
    Attorney
    9)-I
    )
    )
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    MARY LOU RECORD and
    H. FRANK RECORD,
    vs.
    1
    Respondents.
    )
    CERTIFICATE OF SERVICE
    RECEIVED
    CLERK’S
    OFFIrP
    SEP
    1
    5
    2003
    STATE OF ILLINOIS
    Pollution
    Control Board
    I, JOHN J. McCARTHY, hereby certify that I served the within Entry ofAppearance and
    Petition for Review by mailing a copy of the same to each of the individuals identified below on
    the
    12th
    day ofSeptember, 2003 at 5:00 p.m.
    in envelopes plainly addressed to:
    State ofIllinois
    Pollution Control Board
    Attn:
    Clerk
    100 West Randolph Street
    James R. Thompson Center
    Suite 11-500
    Chicago, Illinois
    60601-3218
    Ms. Michelle M. Ryan
    Assistant Counsel
    Division ofLegal Counsel
    Illinois Environmental Protection Agency
    1021
    North Grand Avenue East
    P. 0. Box 19276
    Springfield, Illinois 62794-9276
    JOHN J. McCARTHY
    Attorney at Law
    45 East Side Square
    Suite 301
    Canton, Illinois
    61520
    Telephone:
    (309) 647-7477
    Facsimile:
    (309) 647-7482
    (fl~U~1~’?~jk\f1
    k\
    fl
    BEFORE TH~~T~
    ~J~oARt
    OF
    MI&~
    k~
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    vs.
    MARY LOU RECORD and
    H. FRANK RECORD,
    )
    )
    )
    Complainant,
    )
    AC
    o4
    -~
    )
    )
    (IEPANo. 391-03-AC)
    )
    )
    )
    )
    which were deposited in
    the United
    States
    Post Office in
    Canton, Illinois,
    proper
    postage fully
    prepaid.
    McCarthy
    1
    RECEIVED
    CLERK’S Omi~
    BEFORE
    BOARD
    SEP
    152003
    STATE OF ILLINOIS
    Pollution
    Control Board
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    )
    AC
    0
    )
    vs.
    )
    (IEPANo. 391-03-AC)
    )
    MARY LOU RECORD and
    )
    H. FRANK
    RECORD,
    )
    )
    Respondents.
    )
    ENTRY OF
    APPEARANCE
    Now comes JOHN J. McCARTHY, Attorney at Law, and enters his appearance on behalf
    ofthe Respondents, Mary Lou Record and H. FrankRecord.
    Respectfully submitted,
    Mary Lou Record and H. Frank Record,
    Respondents
    By:~7~Q~
    ~tL
    (~3McCarthY
    6
    JOHN J. McCARTHY
    Attorney at Law
    45
    East Side Square
    Suite 301
    Canton, Illinois
    61520
    Telephone:
    (309) 647-7477
    Facsimile:
    (309) 647-7482
    )
    RECEIVED
    CLERK’S
    OFFT(~F
    BEFORE
    BOARD
    SEP
    1
    5
    2003
    STATE OF ILLINOIS
    Pollution
    Control Board
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    )
    AC
    )
    vs.
    )
    (IEPAN0. 391-03-AC)
    )
    MARY LOU RECORD and
    )
    E FRANK RECORD,
    )
    )
    Respondents.
    )
    PETITION FOR REVIEW
    Now
    comes
    the
    Respondents,
    MARY
    LOU RECORD
    and
    H.
    FRANK
    RECORD,
    by
    their
    attorney,
    JOHN
    J.
    McCARTHY,
    and
    for
    their
    Petition
    to
    Review
    the
    Administrative
    Citation issued by the Illinois Environmental Protection Agency pursuant
    to Section
    31.1
    ofthe
    Illinois Environmental Protection Act, 415 ILCS 5/31.1,
    state as follows:
    1.
    That the
    Illinois
    Pollution
    Control
    Board has jurisdiction
    over the
    subject
    matter
    herein and the parties hereto.
    2.
    That
    the
    Respondents
    believe
    the
    Administrative
    Citation
    was
    improperly
    issued
    because the Respondents
    did not cause or allow the alleged violations and the alleged violations
    were the result ofuncontrollable
    circumstances.
    WHEREFORE,
    the Respondents,
    MARY
    LOU RECORD
    and
    H.
    FRANK
    RECORD,
    pray as follows:
    A.
    That the Administrative Citation filed herein by the Illinois Environmental
    Protection
    Agency may be dismissed and that the relief for which prayer is therein made may be denied.
    )
    )
    )
    1
    B.
    That the Respondents
    may have such
    other
    relief as
    the Illinois
    Pollution
    Control
    Board may deem equitable and just.
    DATED this
    12th
    day of September, 2003.
    Mary Lou Record and H. Frank Record,
    Respondents
    By:
    ~
    ohnJ
    McCarthy
    i
    Attorney
    JOHN J. McCARTHY
    Attorney at Law
    45 East Side Square
    Suite 301
    Canton, Illinois
    61520
    Telephone:
    (309) 647-7477
    Facsimile:
    (309) 647-7482
    2

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