Printed on Recycled Paper in Accordance with 35 Ill. Adm. Code 101.202 and 101. 302(g)

 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

 

ILLINOIS ENVIRONMENTAL PROTECTION )

AGENCY

  

  

  

  

)

 

  

  

  

  

  

  

)

Complainant, )

 

  

  

  

  

  

  

)

v.

  

  

  

  

  

)

 

  

  

  

  

  

  

) AC 06-22

HAROLD GRAVES ) (IEPA No. 3-06-AC)

 

  

  

  

  

  

  

)

Respondent. )

 

 

PETITION TO CONTEST ADMINISTRATIVE CITATION

 

NOW COMES Respondent HAROLD GRAVES, by and through his attorney Claire A.

Manning, Brown Hay & Stephens, LLP, and in accordance with the procedural rules of the

Illinois Pollution Control Board (“Board”) at 35 Ill. Adm. Code Part 108, files the following

PETITION TO CONTEST Administrative Citation 06-22.

1. Respondent HAROLD GRAVES owns and operates a demolition business,

known as Harjoy, Inc. and in late 2005 Respondent’s company was contracted to demolish the

Pana Junior High School.

2. Respondent HAROLD GRAVES, in his individual capacity, did not contract for

the demolition or transfer of any of the material from the school project and thus cannot be held

individually liable pursuant to this Administrative Citation. Thus, the Board has no jurisdiction

over Respondent HAROLD GRAVES.

3. Further, neither Respondent HAROLD GRAVES, nor his company, own the

property which is the subject of this administrative citation. See 35 Ill. Adm. Code 108.206.

Accordingly, Respondent can not be held responsible under the administrative citation provisions

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006

---

Printed on Recycled Paper in Accordance with 35 Ill. Adm. Code 101.202 and 101. 302(g)

2

for a decision made by the property owner at this site as they relate to the nature of his use of the

brick and other demolition debris from the school site.

4. Respondent HAROLD GRAVES maintains that the material in question was

neither waste nor litter and, accordingly, there is no violation of Section 21(p)(1) of the

Environmental Protection Act (“Act”).

5. Respondent HAROLD GRAVES maintains that the transfer of the construction

and demolition material to Mr. Ambrose, for his use, does not constitute a violation of Section

21(p)(7) of the Act.

6. Respondent HAROLD GRAVES maintains that his actions in this matter do not

amount to a violation of the Act.

WHEREFORE, Respondent HAROLD GRAVES requests that the Illinois Pollution

Control Board dismiss this matter for lack of jurisdiction as to him or set the matter for hearing.

Respectfully submitted,

 

 

 

By: ___/s/ Claire A. Manning________

  

HAROLD GRAVES

By: Claire A. Manning

 

BROWN, HAY & STEPHENS, LLP

Claire A. Manning, Esq.

Registration No. 3124724

205 S. Fifth Street, Suite 700

P.O. Box 2459

Springfield, IL 62705-2459

(217) 544-8491

(217) 241-3111 (fax)

 

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006

---

Printed on Recycled Paper in Accordance with 35 Ill. Adm. Code 101.202 and 101. 302(g)

3

CERTIFICATE OF SERVICE

 

The undersigned certifies that a copy of the foregoing PETITION TO CONTEST

 

was

served by placing same in a sealed envelope addressed to:

 

MICHELLE M. RYAN

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

and by depositing same in the United States mail in Springfield, Illinois, on the 3RD

 

day of

MARCH, 2006.

 

  

 

 

  

  

  

  

  

____________________________________

 

 

 

 

 

  

  

  

 

  

 

  

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 3, 2006