RECE~VED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 22
2004
CITY OF CHICAGO DEPARTMENT
)
STATE
OF
ILLINOIS
OF ENVIRONMENT,
)
Pollution
Control Board
)
Complainant,
)
)
SITE CODJ~:
Q3j~51
)
AC_____________
)
(CDOE No. 04-09-AC)
NATIONAL
MATERIAL LIMITED
)
PARTNERSHIP,
)
)
Respondent.
)
•
NOTICE OF FILING
TO:
City of Chicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street, Suite 2500
Chicago, illinois
60602
PLEASE TAKE NOTICE that on June 22, 2004,
we caused to be filedwith the Clerk of
the Illinois Pollution Control Board the
Appearance of Sachnoff & Weaver, Ltd.
and Petition
for Review,
copies of which are attached hereto and hereby served upon y
Edward V
Walsh, ffi
Attorney for Respondent
Edward V. Walsh, III
SACHNOFF & WEAVER, LTD.
30 South Wacker Drive, Suite 2900
Chicago, illinois 60606
(312) 207-3898
•
RECE~JVE~
CLERK’S OFFICE
JUN
222004
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
Pollution
Control Board
I,
Edward
V.
Walsh,
III,
attorney
for Respondent,
hereby
certify
that
copies
of
the
aforementioned
Appearance of Sachnoff & Weaver, Ltd.
and
Petition for
Review were
served
upon the following party by U.S. First Class Mail on this 22nd day of June, 2004:
City of Chicago Department ofEnvironment
Permitting and Enforcement Division
30 North LaSalle Street, Suite 2500
Chicago, illinois 60602
Edward V. Walsh, ifi
RECE~VED
CLERK’S OFFICE
JUN
222004
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
CITY OF CHICAGO DEPARTMENT
)
OF ENVIRONMENT,
)
)
Complainant,
)
)
SITE CODE:
0316~1
v.
)
AC______________
)
(CDOE
No.
04-09-AC)
NATIONAL MATERIAL LIMITED
)
PARTNERSHIP,
)
)
Respondent.
)
APPEARANCE
I
hereby file my
appearance in
this
proceeding
on behalf of National
Material Limited
Partnership, Respondent.
Edward V. Walsh, III
Edward V. Walsh, III
SACHNOFF & WEAVER, LTD.
30 South Wacker Drive, Suite 2900
Chicago, IL 60606
(312) 207-3898
185125/0056/671 195/Version #:.1
RECE~vED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
2
2
2004
CITY OF CHICAGO DEPARTMENT
)
STATE OF ILLINOIS
OF
ENVIRONMENT,
)
Pollution Control
Board
)
Complainant,
)
)
SITE CODE: 0316S1
v.
)
AC____________
)
(CDOE
No.
04-09-AC)
NATIONAL MATERIAL LIMITED
)
PARTNERSHIP,
)
)
Respondent.
)
PETITION FOR
REVIEW
National
Material Limited Partnership (“NMLP”), by
its
attorneys Sachnoff &
Weaver,
Ltd., hereby files
its
Petition for Review
of the Administrative
Citation issued
by the Chicago
Department ofEnvironment (“CDOE”) herein, and in support of its Petition
states as follows:
1.
CDOE
has
alleged
a
violation
by
NMLP
of
two
sections
of
the
Illinois
Environmental
Protection Act, specifically alleging that
NIVILP caused or allowed the deposition
of waste in
standing or flowing
waters
and
alleged resultant
flowing
liquid
discharge from the
subject site.
2.
NIVILP
contests the
designation
of the materials in
issue
as
“waste”
and
further
states
that the conditions observed by
CDOE’ s inspector were not
representative of normal
site
conditions but,
rather, were the result of unusually heavy rainfall during
the period
in
question
and that the conditions complained of were due to uncontrollable circumstances, an act of God.
3.
NI1\’ILP denies that it caused or allowed the violations
asserted, further stating that
NMLP never operated at the site in question.
WHEREFORE,
NMLP
respectfully requests
that
CDOE’s
Administrative
Citation
be
dismissed with prejudice.
Dated:
June 22,
2004.
Respectfully submitted,
NATIONAL MATERIAL LIMITED
PARTNERSHIP,
Respondent
~
One ofIts Attorneys
Edward V. Walsh, III
SACHNOFF & WEAVER, LTD.
30 South Wacker Drive, Suite 2900
Chicago, Illinois 60606
(312) 207-3898
2
