CLERK’S OFFICE

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

AUG

2004

ADMINISTRATIVE CITATION

STATE OF ILIJNOIS

Poflution Control Board

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

AC

~)

v.

)

 (IEPA No.

 330-04-AC)

TED HARRISON and

GERALD S.

 GILL,

Respondents.

NOTICE OF FILING

To:

 Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

 IL 62794-9276

Ted Harrison

P.O. Box 3185

Quincy,

IL

62305

PLEASE TAKE NOTICE that

 I have today filed with the Office of the

Clerk of the Pollution Control Board the attached Petition for

Review, Appearance and Certificate of Service.

Mark

S.

 Cochran

August 20, 2004

Mark

S.

 Cochran

Bellatti,

Barton,

Hamill

Cochran,

LLC

944 Clock Tower Drive,

 Suite A

Springfield,

IL

62704

THIS FILING SUBMITTED ON RECYCLED PAPER

CL.~*~’~

OFFICE

252004

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

•

 STATEOF ILLINOIS

•

ADMINISTRATIVE

CITATION

PoIIut~on

Control Board

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

•

AC

v.

)

 (IEPA No.

 330-04-AC)

TED HARRISON and

GERALD

S.

 GILL,

Respondents.

APPEARANCE

I hereby file my appearance in this proceeding, on behalf of

Gerald

S.

 Gill,

 Respondent.

Mark

S.

 Cochran

Mark

 S. Cochran

Bellatti, Barton,

 Hamill & Cochran, LLC

944 Clock Tower Drive,

 Suite A

Springfield,

IL

62704

217-793-9300

THIS FILING SUBMITTED ON RECYCLED PAPER

R~

CLEF~K~~.!~D

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

AUr

‘r

~ ~~

2OU~

ADMINISTRATIVE CITATION

 STATE OFU~01

~

 Cor~BO~çj

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

•

Complainant,

)

AC

v.

)

 (IEPA No.

 330-04-AC)

TED HARRISON and

GERALD S.

 GILL,

•

 Respondents.

•

 PETITION FOR REVIEW

On behalf of Respondent, Gerald

 S. Gill,

 this Petition

for Review is being filed to contest the Administrative Citation

issued in the above referenced matter.

FACTS

1.

 In July,

 2002,

 Gerald

S.

 Gill entered into an

agreement

 (“Purchase Agreement”)

 with Ted Harrison and Margaretta

Harrison to purchase certain real estate more fully described in

attached Exhibit A,

 hereinafter referred to as the

 ~TSitehI.

2.

 Paragraph

 9 of the Purchase Agreement referenced

above provided that:

“Seller acknowledges that there are rubber tires

and junk stored on the foregoing described premises.

Seller further acknowledges that such tires and junk

shall be removed by Sel1er~onor before closing or

September 30,

 2002 whichever date last occurs.

 In the

event the closing occurs prior to removal

 of the rubber

•tires and junk,

 Seller agrees Buyer may withhold

-1-

THIS FILING SUBMITTED ON RECYCLED PAPER

$20,000.00 of the purchase price to secure Seller’s

performance of this covenant.

 Such sum shall be held

in an interest bearing escrow account

 (escrowed funds)

at Petefish,

 Skiles & Co. Bank at Virginia,

 Illinois

with interest thereon to accrue to Seller,

 payments to

be made therefrom only upon joint signatures of Seller

and Buyer.

 In the event Seller fails to remove such

rubber tires and junk by September 30,

 2002, Buyer may

so remove the same utilizing the escrowed funds to pay

for such removal and the escrowed funds not so used for

such purpose shall be paid to Seller.

 Except to the

extent of the escrowed funds and the use thereof by

Buyer to pay for removal of the rubber tires and junk

from the aforesaid premises, Buyer shall have no fur-

ther claims against Seller for removal

 of such tires

and junk.”

3.

 Gerald

S.

 Gill acquired possession of the Site on

or about July 31,

 2002.

4.

 Since July 31,

 2002,

 no waste materials have been

deposited on the Site by any person.

5.

 As a result of the Harrison’s unwillingness or

inability to fulfill the requirements of Paragraph

 9 of the

Purchase Agreement,

 Mr. Gill undertook a number of actions to

remediate the site,

 including the following:

a)

 On December

4,

 2002,

 scrap metals were re-

moved and taken to Pherigo Salvage,

 Chandlerville,

Illinois at a cost of $2,500.00;

b)

 In April,

 2003, an air conditioning unit was

reclaimed by Mr. Don Bell;

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THIS FILING SUBMITTED ON RECYCLED PAPER

c)

 Between April

13,

 2003 and July 17,

 2003,

1470 tires were removed and taken to Pherigo Salvage at

a cost of $6,847.05;

d)

 Three truck loads

 of general refuse were

removed and disposed of at the Pike County Landfill on

March 14,

 2003, April

8,

 2003 and November 20,

 2003 at

a cost of $1,670.00

e)

 Between November,

 2003 and August,

 2004,

44,450 pounds of tire pieces were removed and taken to

Pherigo Salvage at a cost of $3,863.35;

 the delay in

the deposition of these materials was due. to the reluc-

tance of reclaimers

 to accept tire pieces; and

f)

 As of August 20,

 2004,

 a mobile home and

several empty steel oil drums remain on the Site; these

items will be picked up by a salvage firm prior to

September

1,

 2004.

6.

 Mr. Gill’s first contact with the Illinois EPA was

through a December 19,

 2003 letter asserting his responsibility

for site cleanup.

SUMMARY

Based upon the above recited facts, Mr. Gill did not

cause or allow open dumping of waste in a manner resulting in

litter, nor did he cause or allow the open dumping of waste in a

manner resulting

 in. deposition

 of general construction or demoli-

-3-

THIS FILING SUBMITTED ON RECYCLED PAPER

tion debris or clean construction or demolition debris.

 Quite to

the contrary, Mr.

 Gill,

 of his own volition,

 undertook prompt and

effective measures to cleanup the site once it became apparent

that the responsible party would not.

 The failure of the Harri-

son’s to fulfill their contractual responsibilities was beyond

the control of Mr.

 Gill,

 as were the delays associated with the

deposition of the tire pieces.

RELIEF

Respondent,

 Gerald S.

 Gill,

 requests that he be dis-

missed as a named respondent

 in the above mentioned Administra-

tive Citation.

By:

_____________

Mark

S.

 Cochran

Attorney for Respondent

Mark

S.

 Cochran

Bellatti,

 Barton, Hamill & Cochran, LLC

944 Clock Tower Drive,

 Suite A

Springfield,

IL

62704

Telephone:

 217-793-9300

Telefax:

 217-793-9301

-4-

THIS FILING SUBMITTED ON RECYCLED PAPER

•

•

 EX~IBITA

FROPERT”~’

D~SCRIPT1ON

TRACT

The NORTHWEST Quarter of theSOUTHWESTQuarter of Section

THRTY- SIX

(36)

in Township

EIGHTEEN (18) Nort~

Range TEN

(10) West of the TNrd Principal

Meridian, Cass

County,

Uflnois.

EXCEPT

all that

part,

if any, of the

old

Railroad Right

of Way.

TRACT It:

The

NORTH HALF of the SOUTH

EAST

quarter of Section THIRTY-FiVE (35); and

that

part

of the

SOUTH HALE of the

SOUTH

EAST quarter

of Section ThiRT~’-F1VE

(25)

lying NORTH

of the

I’oiloWing

described

line:

Beginning

 at the NORTHWESTCC~NER

of

the

SOUTH

WEST quarter of the SOUTH

EAST quarter of

Section THIRTY~FIVE(35),

running thence

South One Thotisand

(1,000) feat,

thence

Northeast

at a

distanc~of Fifty (50)

feet an the East

side

from

 the center of

the

track

of the farmer Right-of-Way of the

Jacksonvlile

& Havana Railroad Company Eight

HUndred Fifty (~50)

feet.

thence

East to

the East

line of

Section ThIRTY-FIVE

(35), EXCEPT the old railroad right-of-way running

through the SOUTHEAST

•

QUARTER (SEI/4) of said Section ThIRTY-FIVE ($5).

Situated in Township EIGHTEEN

(18)

NorU1~Range TEN

(10) West of the Third

Principal

Meridian in

Case County,

illinois.

part of the SOUTh

WEST Quarter at the

NORTH

EAST

 Quarter

of Section

35, Township

North,

Range 10 West of the Third Principal Meridian

In Case

County,

illinois described

as follows:

Beginning

at a point 5~0

feet

South of the Northeast

corner

of said quarter quarter section, thence

South

along the 3ectlan line 790 feet more

or less to the Southeast corner

of said quarter quarter section,

thence West along the quarter Section

line to the point where

the

quarter section

lIne interseatawith the

center line orthe Public Highway,

thence

Northeasterly along the

center Un. of said

PuOUc Highway to

the point directly west of the point

of beginning,

thence

East

parallel with the South line at said quarter

quarter

section to the point of beginning.

A strip of

land One Hundred

(100) feat In

width

running in a Northeasterly direction across the

SOUTH

HALF

of Section THIRTY-FIVE

(36), rrom the South

line to the East

line of said Se~Ian,

being

that

part

of the

~Jec~onviIIe

and

Havana Right-of-Way running threugh the above-mentioned Section,

Township EIGHTEEN

(18) North, Range

TEN (10) West of the-Third

Principal

Meridian

In Cass County,

Illinois.

D~ A part of Section

Thirty-fIve

(35)

in Township

Eighteen (18)

 North, Range Ten

(10) West, and

a pert

of Section

Two (2)

In Township Seventeen (17)

North,

Range

Tart

(10) West

 ofthe Third Principal

Meridian,

Cass

 County,

 Ililnoi&, more particularlydescirbed a~

 follows:

~eglnning

 at a point Fifteen

(15)

Feet South of a

point

Twenty (20)

rods East

of the Southwest corner of

the Southeast Quarter of

the

 Southwest~uarter

 of said Section Thirty-flva (35); running thence

North

ThIrty

(30)

Feet; thence

right angles

East to

the canter line of The

 former Right-of-Way

the

Jacksonville

& Havana

 Railroad Company; thence Southwes~er1yalong

said

center

line

a point directly

East

the

point

beginning

and thence

West to

said

point

of beginning.

F ~V

F

•

CLERK’~OFFI~E~

 AUG 25

2004

CERTIFICATE OF SERVICE

STATE

ILLINOIS

I,

 the undersigned,

 certify that

 I did on the 20th da~”g~~p0ard

2004,

 send by certified mail,

 return receipt requested, with

postage thereon fully prepaid, the attached Petition for Review,

Appearance, and Notice of Filing to the following:

Division of Legal Counsel

 Ted Harrison

Illinois Environmental

 P.O. Box 3185

Protection Agency

 Quincy,

IL

62305

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

 IL 62794-9276

Mark

S.

 Cochran

Mark

S.

 Cochran

Bellatti, Barton,

 Hamill & Cochran, LLC

944 Clock Tower Drive,

 Suite A

Springfield,

IL

62704

217-793-9300

Dated:

 August 20, 2004

THIS FILING SUBMITTED ON RECYCLED PAPER