RECEIVED
CLERK'S OFFICE
PLEASE TAKE NOTICE that we
e this day filed with the Clerk of the Illinois
Pollution Control Board, Petition to Conte
dm'
' tr
ve Citation .
Dated at Chicago, Illinois, this 2n d day of Ju
Jeffrey J. Levine, P.C. #17295
20 North Clark Street, Suite 800
Chicago, Illinois 60602
(312) 372-4600
PROOF OF SERVICE
NOTICE OF FILING
TO: Clerk of the Illinois Pollution Control Board
Mr. Charles A . King
James R. Thompson Center
City of Chicago, Dept. of Environment
100 West Randolph Street, Suite 11-500
30 North La Salle Street, 9" Floor
Chicago, Illinois 60601
Chicago, Illinois 60602
J. LEVINE, P.C .
r Respondent
The undersigned, being first duly sworn on oat
deposes and says that he served a copy of
the Notice together with the above mention
docum
is to the person to whom said Notice is
directed by hand delivery, this 2"d day of June
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 0 2 2006
CITY OF CHICAGO DEPARTMENT
)
STATE OF ILLINOIS
Pollutlon Control Board
OF ENVIRONMENT,
)
Complainant,
)
Site Code:0316485103
AC: 2006-040
v .
)
JOSE R. GONZALEZ,
)
Respondent
.
)
(CDOE No. 06-03-AC)
BEFORE THE ILLINOIS POLLUTION CONTROL BO C E I V E D
RK'S OFFICE
CITY OF CHICAGO DEPARTMENT
)
JUN 0 2 2006
OF ENVIRONMENT,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
Site Code:0316485103
AC: 2006-040
v
.
)
(CDOE No. 06-03-AC)
JOSE R. GONZALEZ,
)
Respondent.
)
PETITION TO CONTEST ADMINISTRATIVE CITATION
Now comes the Respondent, JOSE R. GONZALEZ, by and through it's counsel Jeffrey J .
Levine, P.C., and pursuant to Section 108.204 of the Administrative Rules of the Illinois Pollution
Control Board, seeks to contest the Issuance of the Administrative Citation, and in support thereof,
states and asserts as follows
:
1 . Respondent is within 35-day time period described in Section 108-204(b) of the Rules and
Section 31 .1(d) of the Act, as the Citation in this matter was filed on May 10, 2006 .
2. Respondent contests the issuance of the Administrative Citation for the following reasons
:
a. Respondent does not own property cited in the Administrative Citation
;
b. Respondent did not cause or allow specific violations cited in the Administrative
Citation .
c. Upon information and belief, specific violations cited in the Administrative
Citation were untimely and/or improperly alleged
;
d. Numerous alleged violations were the result of uncontrollable circumstances
;
e. Certain alleged violations are baseless and without merit ;
f. Specific alleged violations did not involve pollution
;
g. Respondent had no intent to commit specific violations ;
h. Other individuals or entities were responsible for the violations and have been
punished for the specific acts alleged by the Complainant
;
i. Complainant seeks recovery from numerous entities for the same violations ; and
j. Complainant exceeded it's authority in alleging portions of the Administrative
Citation
.
Wherefore, for the above and forgoing reasons, Respondent Jose R . Gonzalez, prays that the
Illinois Pollution Control Board dismiss Complainant's Administrative Citation and for such further
relief as it deems just and equitable .
Levine, P.C .
y or Respondent
Jo
Gonzalez
Jeffrey J. Levine, P .C. #17295
20 North Clark Street, Suite 800
Chicago, Illinois 60602
(312) 372-4600
