NOTICE OF FILING
To :
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the
Illinois Pollution Control Board of the State of Illinois, a PETITION FOR REVIEW and
MOTION TO CONSOLIDATE, on behalf of the above-named Respondents, REX D
.
EVANS and ROY W. EVANS, JR .
Respectfully submitted,
REX D. EVANS and ROY W
.
EVANS, JR., Respondents
BY
:
RAMMELKAMP BRADNEY, P.C .,
their attorne
BY :
Attorneys for Respondents :
Rammelkamp Bradney, P.C .
Amy L. Jackson, Attorney
232 West State Street
P.O. Box 550
Jacksonville, IL 62651-0550
Telephone: (217) 245-6177
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD R
C'S I
D
CLLERK'S OFFICEE
ILLINOIS ENVIRONMENTAL
)
DEC 1 4 2005
PROTECTION AGENCY,
)
Complainant,
)
vs .
)
No. AC 2006-17
STATE OF ILLINOIS
Pollution Control Board
REX D. EVANS and
)
ROYW. EVANS, JR .,
)
Respondents .
)
(IEPA No. 443-05-AC)
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
ILLINOIS ENVIRONMENTAL
DEC 1 4 2005
PROTECTION AGENCY,
STATE OF ILLINOIS
Pollution Control
Board
vs .
REX D. EVANS and
ROYW. EVANS, JR.,
Complainant,
No. AC 2006-17
(IEPA No. 443-05-AC)
Respondents .
)
PETITION FOR REVIEW
COME NOW the Respondents, REX D. EVANS and ROY W. EVANS, JR ., by
and through their attorney, Rammelkamp Bradney, P.C ., and pursuant to 35 III. Adm
.
Code 108.100 et seq. file this Petition for Review of the Administrative Citation filed by
Complainant, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY . In support of this
Petition for Review, Respondents state as follows
:
1
.
Respondents were served with the Administrative Citation on November
10, 2005, and accordingly, this Petition is timely filed in accordance with
35 III. Adm. Code 108.204 .
2 .
Respondents are owners of a facility located in rural Murrayville, Morgan
County, Illinois .
3 .
That the Complainant has filed two separate Administrative Citation
proceedings, docketed as PCB No. AC 2006-16 and PCB No. AC 2006-
17, in which the Complainant mistakenly characterizes the Respondents'
facility as two separate facilities and for which two separate penalties are
sought .
THIS FILING SUBMITTED ON RECYCLED PAPER
4 .
The facility at issue, however, is one and the same facility, and it is
inappropriate for the Complainant to treat the facilities separately and for
the Complainant to seek imposition of what is essentially a double penalty
for the same violations
.
5 .
It is further the Respondents' position that some of the violations alleged
in the Administrative Citation were the result of uncontrollable
circumstances
.
6
.
Finally, Respondents maintain that the deposition of fly ash on
Respondents' property, an alleged violation in Complainant's citation, was
only done after first obtaining approval and acknowledgement of the
Complainant
.
WHEREFORE, Respondents, REX D. EVANS and ROY W. EVANS, JR .,
respectfully request that the Board set this matter for hearing and after hearing enter an
Order consolidating the alleged violations into one Administrative Citation and reducing
the applicable penalties and fines accordingly .
REX D. EVANS and ROY W. EVANS, JR .,
Respondents
BY :
RAMMELKAMP BRADNEY, P.C ., their
Attorneys
BY :
Attorneys for Respondents
:
Rammelkamp Bradney, P .C
.
Amy L. Jackson, Attorney
232 West State Street
P.O. Box 550
Jacksonville, IL 62651-0550
Telephone : (217) 245-6177
THIS FILING SUBMITTED ON RECYCLED PAPER
Attorney for Complainant
:
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North
Grand Avenue East
P.O. Box 19276
Springfield, IL
62794-9276
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFICE
ILLINOIS ENVIRONMENTAL
)
DEC 1 ยง 2005
PROTECTION AGENCY,
)
STATE
OF ILLINOIS
Complainant,
)
Pollution
Control Board
No. AC 2006-16
vs .
)
No. AC 2006-17
(IEPA Nos. 442-05-AC and
REX D. EVANS and
)
443-05-AC)
ROY W. EVANS, JR.,
)
Respondents .
)
MOTION TO CONSOLIDATE
COME NOW the Respondents, REX D. EVANS and ROY W. EVANS, JR., by
and through their attorney, Rammelkamp Bradney, P.C ., and pursuant to 35 III. Adm .
Code 101 .406 file this Motion to Consolidate the above-referenced Administrative
Citation proceedings. In support of this Motion, Respondents state as follows
:
1
.
Respondents seek consolidation of the above-referenced Administrative
Citation proceedings for purposes of hearing and decision
.
2 .
Although the citations purportedly apply to two separate facilities, they in
fact apply to one singular facility with common ownership and common
operation
.
3
.
Economy of the parties and the Board will be best served by allowing the
requested consolidation .
4 .
While neither party will be prejudiced by the requested consolidation, the
Respondents may, in fact, be prejudiced if the consolidation is denied
.
5 .
Pursuant to 35 III. Adm. Code 101 .406, consolidation is appropriate "in
the interest of convenient, expeditious, and complete determination of
claims, and if consolidation would not cause material prejudice to any
party ."
THIS FILING SUBMITTED ON RECYCLED PAPER
6 .
For the reasons set forth herein, Respondents seek consolidation
.
WHEREFORE, Respondents, REX D. EVANS and ROY W. EVANS, JR .,
respectfully request that the Board consolidate the Administrative Citation proceedings
known as PCB Nos. AC-2006-16 and AC-2006-17
.
REX D. EVANS and ROY W. EVANS, JR .,
Respondents
BY: RAMMELKAMP BRADNEY, P.C ., their
Attorneys
BY :
Attorneys for Respondents
:
Rammelkamp Bradney, P.C .
Amy L. Jackson, Attorney
232 West State Street
P.O. Box 550
Jacksonville, IL 62651-0550
Telephone: (217) 245-6177
Attorney for Complainant
:
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
THIS FILING SUBMITTED ON RECYCLED PAPER
Signature :
PROOF OF SERVICE
The undersigned certifies that the foregoing instruments were served
upon all parties to the above cause to each of the attorneys of record
herein at their respective addresses disclosed on the pleadings on
PRINTED ON RECYCLED PAPER
,
2005, by :
U.S. Mail Ryq
FAX
Hand Delivered
Overnight Courier
x Federal Express
-'
w
Other: (Certified Mail/Return Receipt
Requested)
