REC~VE~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 062005
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
)
Complainant,
)
AC
05-49
)
v.
)
(EPA No. 685-04-AC)
)
LANDERS’ CHILDREN FAMILY, LLC, )
and RAY LANDERS,
)
)
Respondents.
)
NOTICE OF FILING
To:
Ray Landers
Landers’ Children Family, LLC
5000 DickeyJohn Road
Jennifer R. Chance, Reg. Agent and Mgr.
Auburn, Illinois
62615
200 North Street
Auburn, Illinois 62615
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board of the State of Illinois the following instrument(s) entitled MOTION FOR
RECONSIDERATION AND MOTIONFOR DEFAULT JUDGMENT AS TO RESPONDENT RAY
LANDERS.
Respectfully submitted,
JarI’es M. Kropid
~f!ecialAssistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: March
25,
2005
THIS
FILING
SUBMITFED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
~
062005
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
PoIiut~onControl Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
)
v.
)
AC
05-49
-
)
(IEPA No. 685-04-AC)
LANDERS’ CHILDREN FAMILY, LLC, )
(Administrative Citation)
and
RAY LANDERS,
)
Respondents.
)
MOTION FOR RECONSIDERATION
AND MOTION FOR DEFAULT JUDGMENT
AS TO RESPONDENT
RAY
LANDERS
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one of its attorneys, James M. Kropid, Assistant Counsel and Special Assistant
Attorney General, and, pursuant to
35
Ill. Adm. Code 101.500 and 101.520, and by motion filed
no later than
35
days following the receipt of an order entered by the Illinois Pollution Control
Board (“Board”) on March 3, 2005, hereby respectfully moves the Board to reconsider that order
in that the Board erred in its decision. The Illinois EPA received service of the Board’s order on
March 8, 2005. In support of this motion, the Illinois EPA states as follows:
Motion for Reconsideration
(1)
The purpose of a motion for reconsideration is to bring to the court’s or Board’s
attention newly-discovered evidence which was not available at the time of the hearing, changes
in the law, or errors in the court’s or Board’s previous application of the existing law. Mineral
Solutions, Inc. v. Illinois Environmental Protection Agency, PCB 03-39 (April 3, 2003), citing
Korogluyan v. Chicago Title & Trust Co., 213 Ill. App. 3d 622,
572
N.E.2d 1154 (1st Dist.
1992).
1
(2)
On January 28, 2005, the Illinois EPA issued an Administrative Citation (“AC”)
to two separate and distinct Respondents, Ray Landers and Landers’ Children Family, LLC,
based on an inspection conducted on December 1, 2004.
(3)
All service attempts on Respondent, Landers’ Children Family, LLC, were
unsuccessful.
(4)
Because Landers’ Children Family, LLC was not timely served within 60 days as
required by 415 ILCS 5/31.1(b), the Illinois EPA, on February 18, 2005, filed a Motion to
Dismiss the Administrative Citation as to Respondent Landers’ Children Family, LLC.
(5)
On March 3, 2005, the Board issued an Order dismissing the Administrative
Citation for lack oftimely service on Respondents within 60 days ofthe observed violations.
(6)
The Illinois EPA argues that specific factual circumstances exist to show that the
Board’s March 3, 2005, decision was in error.
(7)
The Illinois EPA filed the Motion to Dismiss to dismiss the AC against only one
Respondent, Lander~’Children Family, LLC.
(8)
The prayer for relief specifically requested that the Board “dismiss the pending
action against Landers’ Children Family, LLC.”
(9)
The Motion to Dismiss filed on February 18,
2005,
did not mention Respondent
Ray Landers and did not state that timely service had not been made on Ray Landers.
(10)
Respondent Ray Landers was in fact served on January 28, 2005, and the Illinois
EPA filed proofofservice on Ray Landers on February
7,2005.
(11)
The Board’s decision in its March 3, 2005, order was in error because the specific
relief prayed for in the Illinois EPA’s Motion to Dismiss was for dismissal of the pending
2
Administrative Citation action against Respondent Landers’ Children Family, LLC, and not
Respondent Ray Landers. Furthennore, proof of timely service with regard to Respondent Ray
Landers has been filed.
Motion for Default as to Respondent Ray Landers
(12)
On Januar5i 28, 2005, the Illinois EPA issued an Administrative Citation (“AC”)
to Respondent, Ray Landers, based on an inspection conducted on December 1, 2004.
(13)
On January 28, 2005, service was made on Respondent, Ray Landers, an
individual.
(14)
Pursuant to 415 ILCS 5/31.1(d) and 35 Ill. Adm. Code 108.204(b), a petition for
review was required to be riled in this matter by March 4, 2005.
(15)
Respondent Ray Landers has not filed a petition for review to contest the
Administrative Citation.
(16)
Because a petition for review has not been filed in a timely manner, pursuant to
415 ILCS
5/31.1(d)(1),
a final order against Respondent Ray Landers including the finding of
violations as alleged in the Administrative Citation and the penalty specified in 415 ILCS
5/42(b)
is required.
WHEREFORE, the Illinois EPA, for the aforementioned reasons, respectfully requests
the Board to reconsider its March 3, 2005, decision in this matter dismissing the Administrative
Citation against Respondent Ray Landers and to find Respondent Ray Landers in default and
issue a final order against this Respondent including the finding of violations as alleged in the
Administrative Citation and the penalty specified therein.
3
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PR9~~IONAGENCY,
Co plainant
~añies
~
M. Kropid
~
/Assistant Counsel
/
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: March 25, 2005
This filing submitted on recycled paper.
4
PROOF OF SERVICE
I hereby certif~’that I did on the 25th day of March, 2005, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy ofthe
following instrument(s) entitled MOTION FOR RECONSIDERATION AND MOTION FOR
DEFAULT JUDGMENT AS TO RESPONDENT RAY LANDERS
To:
Ray Landers
Landers’ Children Family, LLC
5000 Dickey John Road
Jennifer R. Chance, Reg. Agent and Mgr.
Auburn, Illinois 62615
200 North Street
Auburn, Illinois
62615
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 fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
1~
1’l,
Jam,~M.Kropid
SPfcial Assjstant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
