RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
02
200k
ILLINOIS ENVIRONMENTAL PROTECTION
)
STATE
OF ILLINOIS
AGENCY,
)
pollution Control Board
~L/
Complainant,
)
AC 04M
)
(IEPA No. 271-04-AC)
)
JOSEPH LUPARELL and TROY CURLEY,
)
Respondents.
)
NOTICE OF FILING
To:
Joseph Luparell
Carol Sudman
999 Clear Lake Road
Hearing Officer
Dawson, IL
62560
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Troy Curley
816 McCleary Avenue
Springfield,
IL
62703
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control
Board of the State of Illinois the following instrument(s) entitled RESPONSE TO BOARD DIRECTION
REGARDING SERVICE ON RESPONDENT TROY CURLEY.
Respectfully submitted,
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
July 29, 2004
THIS
FILING
SUBMIYFED ON
RECYCLED
PAPER
REc~VED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CLERIcS OFFICE
AUG
(12
2004
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION
AGENCY,
)
POllution Control Board
)
Complainant,
)
AC
04-75
)
V.
)
(IEPA No. 271-04-AC)
)
JOSEPH LUPARELL and
TROY
CURLEY,
)
Respondents.
RESPONSE TO BOARD
DIRECTION REGARDING
SERVICE ON RESPONDENT TROY CURLEY
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois EPA”),
by and through its attorney, Special Assistant AttorneyGeneral Michelle M. Ryan; pursuant to an Order
ofthe Pollution Control Board (“Board”) dated July 8, 2004,
and respectfully states as follows:
On July 8, 2004,
the Board issued an Orderin this case, directing Illinois EPA to
address
whether the signature ofRespondent Troy Curley’s ex-wife
on the certified mail green card
effectuated
service on Respondent Troy Curley (“Respondent”).
As
indicatedbelow,
Illinois EPA
submits that Respondent was properly served.
As identified in the Certificate ofService filed with this Administrative Citation on May 25,
2004, Respondent resides at 816 McCleary Avenue, Springfield.
This address information was
based upon Respondent’s statement to the Illinois EPA inspector in December 2003
(see
Affidavit,
Exhibit A).
Therefore, this was the address at which illinois EPA attempted to
serve Respondent by
certified mail, as provided for in 35 Ill.
Adm. Code
101.304(c).
The certifiedmail receipt was signed by Judith Curley, Respondent’s ex-wife, who continues
to reside with him at the service address
(see
Exhibit A).
Because Respondent has claimed to be
unable to read or write, Judith Curley has apparently performed these tasks on Respondent’s behalf.
Pursuant to 735 ILCS 5/2-203(a)(2) (2002), service may be made on an individual by leaving
a copy at his usual place of abode with a person residing there who is
13 years or older, and
informing that person of the contents, and sending a copy by mail to
the individual at his usual place
ofabode.
This statutory provision is not directly on point when service is
attempted by certified
mail, as allowed by Board regulations.
However, the intent ofthis provision has been met in this
case.
The Administrative Citation package was mailed to Respondent’s usual place of abode, was
received by an individual residing there over the age of 13 (presumed from the fact ofher former
marriage to Respondent).
The requirement of informing the recipient ofthe contents cannot be met
when service is made by certified mail, because Illinois EPA has no control over the mailing once it
enters the U.S. Postal Service system.
Further, the requirement ofmailing a copy is redundant in this
situation.
Therefore, the purpose and
intent of abode service has been met in this
case.
The Board’s regulations do not specifically provide for abode service.
However, as the
Board allows service by certified mail, it is
apparent that it intends that service under its rules be less
onerous than under the statutes pertaining to service for purposes ofcourt jurisdiction.
Allowing
abode service by certified mail meets this intent, especially in light ofthe fact that the parties have no
control over actual delivery in the certified mail process allowed by Board rules.
IfIllinois
EPA
were required to prove service on the named individual, that would effectively eliminate the
opportunity to attempt service by certified or registered mail, as Illinois EPA could not risk the
possibility that delivery would
be improperly made, given the short statutory timeframe for service
ofAdministrative Citations
(415 1LCS
5/31.1(b)
(2002)).
In addition, Respondent admits that he received the Administrative
Citation package
(see
Exhibit A).
Not only does Respondent not object to service, but he appears to have filed a timely
2
Petition
for Review.’
Respondent also appeared at a status call set by the Board Hearing Officer for
July 29, 2004.
As such, Respondent had timely actual notice ofthis pending action and has
participated fully in the case thus far.
WHEREFORE,
the Illinois
Environmental Protection Agency submits that Respondent Troy
Curleywas properly served.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
July 29, 2004
)j~1_
~
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
1
The Board states in its Order that the letter contained in the Petition for Review filed by Respondent Joseph Luparell
with Respondent Troy Curley’s name was signed by Judith Curley.
illinois EPA
v. Luparell, et al.,
AC 04-80 (July 8,
2004, footnote
1).
The Board does not indicate in its
order whether it considers this letter
tobe a Petitipn for Review on
behalf ofRespondent
Troy Curley, or whether it considers the
fact that it does not appear tohave beensigned by him to
be a fatal defect.
Given Respondent’s apparent inability to read or write, Illinois~
EPA has no objection to the Board
accepting Respondent’s Petition for Review as properly filed in this matter.
3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-80
)
V.
)
(IEPAN0. 271-04-AC)
)
JOSEPH LUPARELL and TROY CURLEY,
)
Respondents.
AFFIDAVIT
Affiant, Jan Meir, being first duly sworn, voluntarily deposes and states as follows:
1.
I am employed by the
Land Pollution Control Division ofthe Illinois Environmental
Protection Agency and have been so employed at
all
times pertinent hereto.
2.
lam the inspector assigned to the Luparell site at 2193
J. David Jones Parkway (Frontage
Road),
Springfield, Illinois, which is the subject of this Administrative Citation.
3.
When
I initally inspected the site on December
1, 2003, I spoke to Troy Curley, who
informed me that he lived at 816
S McClearyAvenue, Springfield, IL.
4.
On July 28, 2004, Imet with Troy Curley, who again informed me that he lived at the
above address with his ex-wife.
5.
On July 28, 2004, Troy Curleyalso informed me that he hadreceived the Administrative
Citation package sent by illinois EPA via Certified Mail.
FURTHER AFFIANT
SAYETH
NOT.
c~ô~r~-i
(flt~fI
Jan Mier
Subscribed and sworn to before me
this ~~~lay
of
,
2004.
NOTARY PUBLIC
CHARLENE
K.
POWELL
~
NOTARY
PUBLIC STATE
OF
ILLINOIS
~~ExpIresMar~h15,2OO8
PROOF OF SERVICE
I herebycertify that I did on the
29th
day ofJuly 2004, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true
and
correct copy of
the following instrument(s) entitled RESPONSE TO BOARD DIRECTION
REGARDING
SERVICE ON RESPONDENT TROY CURLEY
To:
Joseph Luparell
Carol Sudman
999 Clear Lake Road
Hearing Officer
Dawson,
IL
62560
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box
19274
Springfield, Illinois 62794-9274
Troy Curley
816 McCleary Avenue
Springfield, IL
62703
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by U.S. Mail with postage thereon fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite
11-500
Chicago, Illinois 60601
~
ichelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(2 17) 782-5544
THIS FILING
SUBMITTED ON RECYCLED PAPER
