BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARBIERK’S
OFp~~
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
CITY OF
SALEM, ROGER KINNEY,
)
DICK BROWN and JASON BRUCE,
)
)
Respondents.
)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS MAIL)
JUL
062004
STATE OF ILLINOIS
Pollution Control Board
)
)
)
)
)
AC 04-84
)
(IEPA No.
275-04-AC)
)
Michelle M. Ryan,
Esq.
Assistant Counsel, Division ofLegal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Post Office Box 19276
Springfield, Illinois
62794-9276
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON
ATTACHED LIST)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an
original and
nine copies ofa PETITION
FOR
REVIEW and ENTRY
OF APPEARANCE OF
CHRISTINE G. ZEMAN,
copies of
which is herewith served upon you.
Dated: July 2,
2004
Christine G. Zeman
HOD
GE DWYERZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
Respectfully submitted,
CITY
OF
SALEM, ROGER
KIM~EY,
DICK BROWN and
JASON BRUCE,
Complainant,
v.
2
THIS
FILD~G
SUBMITTED
ON
RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Christine G. Zeman, the undersigned,
hereby certif~i
that
I have served a copy of
the attached PETITION FOR REVIEW and ENTRY OF APPEARANCE OF
CHRISTINE
G. ZEMAN upon:
Ms.
Dorothy M.
Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago; Illinois
60601
Michelle M.
Ryan,
Esq.
Assistant Counsel
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield,
Illinois
62794-9276
by depositing
said documents in the United States Mail in Springfield, Illinois, postage
prepaid, on July 2, 2004.
SALE:OO
1/Fl/Administrative
Citation/NOF-COS
BEFORE
THE ILLINOIS POLLUTION CONTROL BOAR~i-ERK’s
OFFICE
JUL
062004
ILLINOIS ENVIRONMENTAL
)
STATE
OF ILLINOIS
PROTECTION AGENCY,
)
POll~tjo~
Control
Board
)
Complainant,
)
AC 04-84
)
v.
)
(IEPANo.
275-04-AC)
)
CITY OF
SALEM, ROGER KINNEY,
)
DICK BROWN and
JASON BRUCE,
)
)
Respondents.
)
PETITION FOR REVIEW
NOW COMES Respondents,
CITY OF
SALEM, ROGER KINNEY, DICK
BROWN and JASON BRUCE (“City”), by their attorneys, HODGE DWYER ZEMAN,
and pursuant to
Section 31.1
ofthe Illinois Environmental Protection Act (“Act”) (415
ILCS
5/3 1.1) and
35111.
Admin. Code
§
108.204,
submits this Petition for Review
(“Petition”) ofthe Administrative Citation issued by the Illinois Environmental
Protection Agency.
In support of this Petition, the City states as follows:
1.
Thatthe City of Salem is the permitted owner, Roger Kinney is the
permitted operator and Dick Brown and Jason Bruce are the certified operators ofthe
Salem Municipal Landfill #2, located at 900 East Lake Street, Salem,
Marion County,
Illinois.
2.
Thatthe Landfill is a municipal solid waste
and non-hazardous special
waste landfill that
is used for the disposal ofresidential, commercial and industrial waste.
The Landfill’s facility identification number is
1218130007
and operates under illinois
Environmental
Protection Agency Permit No.
1995-178-LFM.
3.
That Respondents have owned and/or operated
said facility at all times
pertinent hereto.
4.
That the Respondents believe the Administrative Citation was improperly
issued because the Respondents
did not cause or allow the alleged violations listed below
orwere in part
due to uncontrollable circumstances:
A.
That Respondents conducted a sanitary landfill in
a manner
which resulted in uncovered refuse remaining from
any
previous operating day
or atthe conclusion ofany
operating day, unless authorized by permit,
a violation of
Section 21(o)(5)(2002) ofthe Act, 415 ILCS
5/21
(o)(5)(2002).
B.
ThatRespondents conducted a sanitary landfill operation in
a manner which resulted in the failure to collect and contain
litter from the siteby the end ofthe operating day, a
violation of Section 21(o)(12) ofthe
Act, 415 ILCS
5/21 (o)(12)(2002).
5.
In addition, Respondents state that they had a mistaken understanding with
respect to the type ofmaterials authorized by the above-referenced permit to be used as
Alternative Daily Cover Materials.
WHEREFORE, for the above reasons, Respondents,
CITY OF
SALEM, ROGER
KINNEY, DICK BROWN
and JASON BRUCE,
pray that this Board dismiss the
2
Administrative Citation filed herein by the Illinois Environmental Protection Agency and
grant all other reliefjust
and proper in the premises.
Respectfully submitted,
CITY OF
SALEM, ROGER KiNNEY,
DICK BROWN and JASON BRUCE,
Respondents,
By:~~~
Christine G~~~1i
Dated:
July 2, 2004
Christine G. Zeman
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
•Springfield, Illinois
62705-5776
(217) 523-4900
•
SALE:OO1/FiLfAdministrative Citation/Petition for Review
3
BEFORE THE ILLINOIS POLLUTION CoNTRoL~goFPcE
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
v.
Complainant,
CITY OF SALEM, ROGER KINNEY,
DICK BROWN and JASON BRUCE,
Respondents.
)
)
ith~
~6
200k
OF
)
AC
04..84
po~tut~Ofl
CO
)
)
)
)
)
)
)
(IEPA No. 275-04-AC)
ENTRY OF APPEARANCE OF CHRISTINE G. ZEMAN
NOW COMES Christine G.
Zeman, ofthe
law firm ofHODGE DWYER
ZEMAN,
and hereby enters her appearance on behalfofRespondents,
CITY OF
SALEM, ROGER KINNEY, DICK BROWN and JASON BRUCE.
Dated:
July 2,
2004
Christine G. Zeman
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
627Q5-5776
(217) 523-4900
Respectfully submitted,
CITY
OF
SALEM, ROGER KINNEY,
DICK BROWN and
JASON BRUCE
Respondents,
By
SALE:OO1/Fil/Administrative Citation/BOA
-
CGZ
