ADMINISTRATIVE CITATION
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ACO
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(JIEPA
No.
347-04-AC)
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REC~VED
CLERK’S OFFICE
AUS
092004
STATE OF ILLINOIS
PoIIut~onControl Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V.
EDWARD
and BETTY JO CAIN and
EDWARD CAIN d/b/a
CAIN ROOFING
COMPANY,
Respondents.
CERTIFICATE
OF SERVICE
I
certify
that
I
caused a
true
and
correct
copy
of the
attached
PETITION
FOR
REVIEW
to
be
served
upon
the
following
named
addressees
by
enclosing
the
same
in
an
envelope plainly addressed to
each ofthem with sufficient postage prepaid for first class mailing
and
depositing
said
envelope
in
a
United
States
Post
Office Box
in
Urbana,
Illinois,
at
5:30
o’clock p.m. on the 4th day ofAugust, 2004.
The Honorable Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Illinois Environmental Protection Agency
ATTENTION:
DIVISION OF LEGAL COUNSEL
1021 North Grand Avenue East
P. 0. Box 19276
Springfield, Illinois 62794-9276
Dated this 4th day of August, 2004.
Nolan C.
Craver, Jr.
Middleton, Craver & Keller
210 North Broadway
P.
0. Box 905
Urbana, Illinois
61803-0905
(217) 367-1131
coPY
NOLAN C. CRAVER, JR., Attorney at
RECE~VED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL
BOARD
AUG
092004
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
PoIIut~on
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No.
347-04-AC)
)
EDWARD and BETTY JO
CAIN and
)
EDWARD CAIN d/b/a CAIN ROOFING
)
COMPANY,
)
)
Respondents.
)
PETITION FOR REVIEW
NOW COME the respondents,
EDWARD and BETTY JO
CAIN and
EDWARD
CAIN
d/b/a CAIN ROOFING
COMPANY, by Middleton, Craver &
Keller, their attorneys, and
represent the following:
1.
The alleged violations were
not caused or allowed by the respondents or in the
alternative the alleged violations were the result ofuncontrollable circumstances.
2.
In
support
of respondents
contention that
they
did
not
cause
or
allow the
violations or that said violations were the result of uncontrollable circumstances, the respondents
submit the following facts:
a.
Respondents
have,
for
economic
reasons
for
a
number
of years,
found
it
necessary
to
employ
numerous
employees
of
Mexican
descent
without the
ability
to
speak
English fluently
and
this
has
caused
misunderstandings
to
occur
in
the
manner of disposal
of
debris among otherthings.
b.
That said
persons without the ability
to
speak
English
fluently
are
no
longer
employed
by the respondents
and
the difficulties encountered previously
concerning the proper
manner in which to
dispose of debris should no longer be a problem.
WHEREFORE, respondents respectfully pray that the Administrative Citations be
withdrawn or they be found not guilty of violations alleged by virtue ofthe facts herein stated.
PREPARED BY:
Nolan C.
Craver,
Ji~
Middieton, Craver & Keller
210 North Broadway
P.
0.
Box 905
Urbana, Illinois
61803-0905
(217) 367-1131
EDWARD and BETTY JO
CAIN and
EDWARD
CAIN
d/b/a
CAIN ROOFING
COMPANY, by Middleton,
Craver & Keller, their attorneys
By
Nolan C. Craver, Jr., Attorney at
