BEFORE THE ILLiNOIS POLLUTION
    CONTROL BOARD
    ADMIMSTRATIVE CITATION
    CLERK.fl
    ‘Ve
    ILLINOIS ENVIRONMENTAL
    )
    °°PF?c
    PROTECTION AGENCY,
    )
    Nov28
    Complainant,
    )
    AC
    ~
    G
    v.
    )
    (IEPA
    No. 408-05-AC)
    )
    LYNDELL
    ILEINZMANN,
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    To:
    Michelle
    M. Ryan
    Special Assistant Attorney General
    illinois Environmental Protection Agency
    1021
    North Grant Avenue East
    P.O. Box 19276
    Springfield, illinois 62794-9276
    PLEASE TAKE NOTICE that on this date I mailed forfiling with the Clerk of the
    Pollution
    Control Board of the State of Illinois the following instruments entitled Petition
    For Review, Notice of Appearance and a copy of this Notice of Filing.
    Respectfully submitted,
    Dated: November 25, 2005
    1’ Ec?~c~.nJL
    Samuel E. Bauerle
    Attorney for the Respondent
    321 West McMackin Street
    Salem, illinois
    62881
    (618) 548-1566
    ARDC No. 00138223
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    v.
    Complainant,
    LYNDELL HEINZMANN,
    Respondent.
    ADMiNISTRATIVE CITATION
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC
    (IEPA No. 408-05-AC)
    CERTIFICATE OF SERVICE
    The undersigned attorney certifies that a copy ofthe following was deposited in the U.
    S.
    Mail in
    Salem, Illinois on the 25” day ofNovember, 2005.
    Notice ofFiling
    Postage was filly prepaid and the envelope addressed to the following:
    Dorothy Gunn, Clerk of the illinois Pollution Control Board
    State ofillinois Center
    100 West Randolph
    Suite 11-500
    Chicago, illinois 60601
    Michelle M. Ryan
    Special Assistant Attorney General
    Illinois Environmental Protection Agency
    1021
    North Grand Avenue East
    P.O. Box
    19276
    Springfield, illinois 62794-9276
    LYNDELL HEINZMANN
    C
    By:
    Samuel E. Bauerle
    Attorney for the Respondent
    321
    West McMackin Street
    Salem, illinois 62881
    ARDC No. 00138223
    Poog
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    Nov
    28
    2005
    PROTECTION AGENCY,
    )
    ~
    t:~d
    Complainant,
    )
    AC
    v.
    )
    (IEPA
    No. 408-05-AC)
    )
    LYNDELL IEINZMANN,
    )
    )
    Respondent.
    )
    NOTICE OF APPEARANCE
    Now comes, LYNDELLREINZMANN, by his attorney, Samuel E. Bauerle, and enters his
    appearance in the above entitled cause on behalf ofthe Respondent
    Dated: November 25, 2005.
    SAMUEL E. BAUERLE
    Attorney for the Respondent
    321
    West McMackin Street
    Salem, Illinois 62881
    (618) 548-1566
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    CLERIc:~IvE:
    PROTECTION AGENCY,
    )
    Complainant,
    AC
    ~
    ~~
    v.
    )
    (IEPA No. 408-05-AC)
    )
    LYNDELL HEINZMANN,
    )
    Respondent.
    )
    CERTIFICATE OF SERVICE
    The undersigned attorney certifies that a copy ofthe following was deposited in the U.
    S.
    Mail
    in Salem,
    Illinois on the
    25th
    day ofNovember, 2005.
    Notice ofAppearance
    Postage was filly
    prepaid and the envelope addressed to the
    following:
    Dorothy Gunn, Clerk of the illinois Pollution Control Board
    State of illinois Center
    100 West Randolph
    Suite 11-500
    Chicago, illinois 60601
    Michelle M. Ryan
    Special Assistant Attorney General
    illinois Environmental Protection Agency
    1021
    North Grand Avenue East
    P.O. Box
    19276
    Springfield, illinois 62794-9276
    LYNDELL HEINZMANN
    By:
    Samuel E. Bauerle
    Attorney for the Respondent
    321 West McMackin Street
    Salem, illinois 62881
    ARDC No. 00138223
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    Nov
    -‘
    PROTECTION AGENCY,
    )
    ?8
    2005
    Complainant,
    )
    Lit/On
    Contr?j~OIS
    )
    AC
    O(~-i3
    )
    v.
    )
    (lIEPA No. 408-05-AC)
    )
    LYNDELL HEINZMANN,
    )
    Respondent.
    )
    PETITION FOR REVIEW
    Now comes the Respondent, Lyndell Heinzmann, by his
    attorney, Samuel E.
    Bauerle, and hereby requests a review ofthe citation issued in the above matter and-fr
    support thereof states:
    BACKGROUND
    That the Respondent, Lyndell Ileinzmann, purchased real estate located on U.
    S.
    Route 50 in
    Section
    12, Township
    2 North Range 3 East of the Y~
    P.M., Marion County,
    illinois, in March, 2005.
    That when Respondent purchased said real estate, there was upon
    said real estate, a dumping area used and left by the previous owner.
    That Respondent is
    in the business of buying, improving and selling real estate.
    RESPONSE
    1.
    Respondent requests a
    review of the board’s citation due to the fact that he is
    a relatively new owner of the property in question and has been in the process of cleanup-of
    the property since the date of purchase.
    2.
    That it is the position of Respondent that the amount ofthe fine imposed
    is
    arbitrary and capricious and is not appropriate for any violation Respondent may be
    responsible for.
    3.
    That Respondent was not guilty of any ofthe violations as stated under para-
    graphs (1), (2), or (3) under Section
    21
    ofthe Act, 415 ILCS
    5/21
    (2004).
    Dated: November 25,
    2005
    Samuel E. Bauerle
    Attorney for the Respondent
    STATE OF ILLINOIS
    )
    COUNTY OF MARION
    )
    SS.
    )
    LYNDELL IIEINZMANN, being first duly sworn
    on oath, and under the penalties as
    provided
    by law pursuant to
    Section
    1-109 of the Code of Civil Procedure, states and
    deposes that he
    is the Respondent in the above-entitled cause, that he has read the above
    and foregoing Petition For Review and has knowledge of the contents thereof, and that the
    same is true and correct to the best of his knowledge and belief.
    STATE OF ILLINOIS
    )
    )
    SS.
    94~
    ±C-
    L
    DELL HIAINZMANN
    COUNTY OF MARION
    )
    I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
    do hereby certilS’ that LYNDELL HIEINZMANN,
    personally known to me to
    be same
    person whose name is subscribed
    to the foregoing instrument, appeared before me this day
    in
    person and acknowledged that he signed, sealed and delivered the said instrument as his
    free and voluntary act for the uses and purposes therein
    set forth.
    Given under my hand
    and notarial seal this
    25th
    day of November, 2005.
    PREPARED BY:
    SAMUEL E. BAUERLE
    Attorney at Law
    321 West McMackin Street
    Salem, illinois 62881
    (618) 548-1566
    OFui~L SEAL”
    Nancy
    i.
    SaLterthwajte
    Notary
    Public
    Staic of
    Illinois
    MyComnij~0~
    ~xp.051121201)3
    BEFORE ‘i’Hi ILLINOIS POLLUTION CONTROL BOARD
    ADMINISTRATIVE CITATION
    ILLINOIS ENVIRONMENTAL
    )
    Re
    PROTECTION AGENCY,
    )
    Complainant,
    )
    Nov
    2
    L~
    9~n~
    AC
    (3(p~Ld~A~rr
    v.
    )
    (IEPA No. 40t-SAC)
    )
    .4,
    LYNDELL HEINZMANN,
    )
    Respondent.
    )
    CERTIFICATE OF SERVICE
    Theundersigned attorney certifies that a copy ofthe following was deposited in the U.
    S.
    Mail in
    Salem, Illinois on the
    25th
    day ofNovember, 2005.
    Petition For Review
    Postage was fully prepaid and the envelope addressed to the following:
    Dorothy Gunn, Clerk of the illinois Pollution
    Control Board
    State ofillinois Center
    100 West Randolph
    Suite 11-500
    Chicago, illinois 60601
    Michelle M. Ryan
    Special Assistant Attorney General
    illinois Environmental Protection Agency
    1021
    North Grand Avenue East
    P.O. Box
    19276
    Springfield, illinois 62794-9276
    LYNDELL HEINZMANN
    ~C2~1
    4
    ~4
    By:
    Samuel E. Bauerle
    Attorney for the Respondent
    321
    West McMackin Street
    Salem,
    illinois 62881
    ARDC No. 00138223

    Back to top