RE
CE
~V
ED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
MAR
72005
COUNTY OF SANGAMON,
)
)
STATE
OF
~LUN0~S
Petitioner,
)
Pollution
Control
Board
)
)
AC 2005-051
)
ADMINISTRATIVE CITATION
PATRICK O’KEEFE,
)
SCDPH 05-AC-i
)
Respondent.
)
PETITION FOR REVIEW OF ADMINISTRATIVE CITATION
NOW COMES Respondent, PATRICK O’KEEFE, through his undersigned attorney, and
files this Petition for Review ofAdministrative Citation pursuant to Section
31.1 of the Illinois
Environmental Protection Act,
415
ILCS
5/3
1.1, and pursuant to
35 Ill. Adm. Code, Part 105,
Subpart B, and seeks reversal
and denial ofthe administrative citation issued by the Petitioner,
COUNTY OF SANGAMON, dated January 28, 2005,
which accuses
Respondent ofopen burning
and open waste dumping.
In support of this petition, Respondent states as follows:
1.
Respondent, PATRICK O’KEEFE, operates a business,
known as Falcon Bobcat
Services within Sangamon County, Illinois.
2.
On November 3, 2004, a contract was signed between Petitioner and Respondent, calling
for Respondent to demolish a dangerous structure located at
11548
Main Street.
Petitioner claimed
to have complied with all
legal requirements relating to the demolition.
3.
On December 29, 2004,
Respondent was performing pursuant to the contract, but his
actions were interfered with and terminated by actions ofPetitioner.
Petitioner’s administrative
citation allegations are based
upon its
actions ofDecember 29, 2004.
4.
Respondent hereby appeals from the administrative citation
by the COUNTY OF
SANGAMON.
The decision should
be reversed for one or more of the following reasons:
a.
The COUNTY OF SANGAMON citation is arbitrary and unreasonable, and
lacks
any basis
in law or fact;
b.
The COUNTY OF SANGAMON citation
is vague and unintelligible;
c.
The COUNTY OF SANGAMON citation was issued solely for the improper
purpose of interfering with the contract between Petitioner and Respondent, and
providing a basis for Petitioner to not pay Respondent under the contract.
d.
The COUNTY OF SANGAMON failed to follow all
necessary procedural
requirements for issuing and serving an administrative citation, including but not
limited
to having failed to timely serve upon Respondent all statutorily-required
information;
e.
The COUNTY OF SANGAMON is disqualified from pursuing this administrative
citation action, and has a conflictof interest forthe reasons expressed above and
others;
f.
Respondent reserves the rightto
raise such otherand further bases for review and
reversal as such bases become known and apparent.
WHEREFORE, Respondent, PATRICK O’KEEFE, requests that this Board set this matter
for a hearing regarding the administrative citation of COUNTY OF SANGAMON,
and, after the
hearing, enter an order reversing the decision ofthe COUNTY OF SANGAMON, dismissing this
action, and entering full relief in favor ofRespondent.
Respondentfurther requests
that this Board
grant such other and further relief as this Board deemsjust and appropriate.
Respectfully submitted,
Patrick O’keefe,
Respondent,
By
his attorney,
Step
F. HedifIg~r
Hedinger Law Office
2601
South Fifth St.
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
)
)
)
)
)
)
)
)
Sheri
L. Carey
Assistant State’s Attorney
Sangamon County
2501 North Dirksen Parkway
Springfield, IL 62702
with postage fully prepaid, and
by depositing said
envelopes
in
a
U.S.
Post Office Mail
Box
in
Springfield,
Illinois on the .~~-day
ofMarch,
2005, before 5:30 p.m..
~
~tephen
F. H
inger
HEDINGER LAW OFFICE
2601
South Fifth Street
Springfield,
IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
COUNTY OF SANGAMON,
Petitioner,
v.
AC 2005-051
ADMINISTRATIVE
CITATION
PATRICK O’KEEFE,
SCDPH 05-AC-i
Respondent.
NOTICE OF FILING AND PROOF OF
SERVICE
The undersigned certifies that
an original
and
nine copies of Respondent’s
Petition for
Review of Administrative Citation was served upon
the Clerk
of
the
Illinois
Pollution
Control
Board, and one copy was served upon the following party of record in this cause by
enclosing same
in envelopes addressed to:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
James R.
Thompson Center
100W. Randolph St., Suite
11-500
Chicago, IL
60601
This Pleading is being submitted on recycledpaper
