BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
EARL and NORMA MARTIN,
Respondents.
AC 2004-089
(IEPA #305-04-AC)
PETITION FOR REVIEW
NOW COME the Respondents, EARL and NORMA MARTIN, by Grant R. Gulovsen of
the law firm of Barash & Everett, LLC, and contesting the Administrative Citation issued by the
Illinois Environmental Protection Agency in this matter, state as follows:
1. On June 24, 2004, the Illinois Environmental Protection Agency issued
Administrative Citation #305-04-AC against the Respondents, alleging that they violated the
Illinois Environmental Protection Act (the “Act”) by: (1) causing or allowing the open dumping
of waste in a manner resulting in litter, in violation of Section 21(p)(l) of the Act, 415 ILCS
5/21(p)(l) (2002); (2) causing or allowing the open dumping of waste in a manner resulting in
proliferation of disease vectors, in violation of Section 21(p)(5) of the Act, 415 ILCS 5/21(p)(5)
(2002); and (3) causing or allowing the open dumping of waste in a manner resulting in
deposition of general construction or demolition debris or clean construction or demolition
debris, in violation of Section 21(p)(7) of the Act, 415 ILCS 5/21 (p)(7) (2002).
RECEIVED - CLERK'S OFFICE - JULY 27, 2004
2. The Respondents contest the allegations found in Administrative Citation #305-
04-AC for the following reasons:
a. The Respondents did not cause or allow the violations alleged in
Administrative Citation #305-04-AC; and
b. The violations alleged in Administrative Citation #305-04-AC were the
result of uncontrollable circumstances.
WHEREFORE the Respondents, Earl and Norma Martin, respectfully request the Illinois
Pollution Control Board to review and dismiss the Administrative Citation issued by the Illinois
Environmental Protection Agency in this matter.
By:
Respectfully submitted,
EARL and NORMA MARTIN,
Respondents,
/s/ Grant R. Gulovsen
Their Attorney
BARASH & EVERETT, LLC
256 South Soangetaha Road, Suite 108
Post Office Box 1408
Galesburg, IL 61402-1408
Telephone: (309) 341-6010
Facsimile: (309) 341-1945
E-mail: gulovseng@barashlaw.com
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
EARL and NORMA MARTIN,
Respondents.
AC 2004-089
(IEPA #305-04-AC)
CERTIFICATE OF SERVICE
THE UNDERSIGNED certifies that on Tuesday, July 27, 2004, an Entry of Appearance
and Petition for Review was served upon the following in the manner below described:
Ms. Dorothy M. Gunn Michelle M. Ryan, Esq.
Clerk of the Board Assistant Counsel
Illinois Pollution Control Board Division of Legal Counsel
James R. Thompson Ctr Illinois Environmental Protection Agency
100 W Randolph St 1021 N Grand Ave E
Suite 11-500 PO Box 19276
Chicago, IL 60601 Springfield, IL 62794-9276
(VIA ELECTRONIC FILING) (VIA ELECTRONIC MAIL)
/s/ Grant R. Gulovsen
Attorney for Respondents
BARASH & EVERETT, LLC
256 South Soangetaha Road, Suite 108
Post Office Box 1408
Galesburg, IL 61402-1408
Telephone: (309) 341-6010
Facsimile: (309) 341-1945
E-mail: gulovseng@barashlaw.com