County of W ayne,
Complainant,
vs.
Mr. Julian Buchanan,
Respondent .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
TO : KEVIN KAKAC
Wayne County, Illinois, State's Attorney
P
. O. Box 641
Fairfield, IL 62837
PLEASE TAKE NOTICE that I have filed, with the office of the Clerk of the
Illinois Pollution Control Board, a Petition for Review, on behalf of JULIAN
BUCHANAN, Respondent, a copy of which is herewith served upon you .
JULIAN BUCHANAN, Respondent
AC 191-06-06
NOTICE OF FILING
DATED this
--).V-day
of July, 2006
LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
P. O. Box 652
Fairfield, IL 62837
Telephone : 618/842-4080
BY : LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
BY:
MICHAEL
-Y,,
,- aJ
J . MOL
c
RECEIVED
CLERK'S OFFICE
JUL 2 4 2006
STATE OF ILLINOIS
Pollution Control Board
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon
KEVIN KAKAC, Wayne County, Illinois, State's Attorney, by enclosing the same in an
envelope addressed to such person at his address as disclosed by the pleadings of record
herein, with postage fully prepaid and by depositing said envelope in a U .S
. Post Office
mail box in Fairfield, Illinois, on thetas*day of J-jl~/ ,
2006.
County of Wayne,
Complainant,
vs.
Mr. Julian Buchanan,
Respondent .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARS E C E I V E D
CLERK'S OFFICE
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of JULIAN
BUCHANAN, Respondent .
LAW OFFICE OF
MICHAEL J
. MOLT, LTD .
Attorney for Julian Buchanan
LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
P. O. Box 652
Fairfield, IL 62837
Telephone: 618/842-4080
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon
Kevin Kakac, Wayne County, Illinois, State's Attorney, by enclosing the same in an
envelope addressed to such person at his address as disclosed by the pleadings of record
herein, with postage fully prepaid and by depositing said envelope in a U .S. Post Office
mail box in Fairfield, Illinois, on theA}day of
J
..x
._'
, 2006 .
JUL 2 4 2006
Pollution
STATE OF
Control
ILLINOISBoard
BY : MICHAEL
J~
. MO T
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDPollution
JUL.
Contr2
4 2006
l
Boa
Board
PETITION FOR REVIEW
Now comes JULIAN BUCHANAN, Respondent, by his attorney, the LAW
OFFICE OF MICHAEL J
. MOLT, LTD., and for his Petition for Review, states the
following :
1
. Respondent is in control and possession of the site which is the subject
of the above captioned proceeding before the Illinois Pollution Control Board
.
2
. That the real estate in question, which is owned by JULIAN
BUCHANAN, was hit in April, 2002, by a tornado which either damaged or destroyed all
the buildings on said site.
3
. That prior to the inspection on May 16, 2006, JULIAN BUCHANAN
had removed all of the debris left by the tornado, except for a small pile of scrap metal
which caused the filing of the administrative citation herein
.
4
. That subsequent to May 16, 2006, JULIAN BUCHANAN has removed
the scrap metal and cleaned the site, which is the subject of the administrative citation, so
that there is no violation of 415 ILCS 5/3
.105 and the following statutes which comprise
the Illinois Environmental Protection Act
.
County of Wayne,
)
Complainant,
)
vs.
)
AC 191-06-06
Mr. Julian Buchanan,
)
Respondent.
)
5
. The pile of scrap metal, and any other debris which was located on the
site which is the subject of this proceeding, resulted from uncontrollable circumstances,
specifically, a devastating tornado which hit the site in April, 2002
.
6
. Attached hereto and made a part hereof as Exhibit A are two
photographs taken on June 2, 2006 showing the scrap metal and any other debris have
been removed from the site in question
.
WHEREFORE, JULIAN BUCHANAN, Respondent, requests the Illinois
Pollution Control Board to adopt a Final Order which makes no finding of a violation of
the Illinois Environmental Protection Act and which imposes no penalty
.
DATED this?? day of July, 2006 .
JULIAN BUCHANAN, Respondent
BY: LAW OFFICE OF
MICHAEL J
. MOLT, LTD .
Attorney for Respondent
BY: n
411,
.
MICHAEL J. McIT
LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
P
. O
. Box 652
Fairfield, IL 62837
Telephone: 618/842-4080
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instrument was served upon
the KEVIN KAKAC, Wayne County, Illinois, State's Attorney, by enclosing the same in
an envelope addressed to such person at his address as disclosed by the pleadings of
record herein, with postage fully prepaid and by depositing said envelope in a U .S . Post
Office mail box in Fairfield, Illinois, on t theyday of
2006.
-~
~ J ~4~-Xk-
EXHIBIT A
This Exhibit A is attached to the Petition for Rep
styled County , of \Vayiie, Complainant, vs . Mr
. Julian Buchanan, Respondent
AC 191-06-06
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
County of Wayne,
)
JUL 2 4 2006
Complainant,
)
STATE OF ILLINOIS
vs.
)
AC 191-06-06
Pollution Control Board
Mr. Julian Buchanan
Respondent .
)
CERTIFICATE OF SERVICE
I hereby certify that I did, on the
'1day
of .)
v Lv
,
2006, send, by
U. S
. mail, with postage fully pre-paid, by depositing in the United States Post Office box
in Fairfield, Illinois, a true and correct copy of a Petition for Review, with said envelope
addressed to KEVIN KAKAC, Wayne County Courthouse, P
. O. Box 641, Fairfield, IL
62837, and the original and one copy of said Petition for Review on the same date by
Federal Express with postage pre-paid, and delivered to the Federal Express Agent in
Fairfield, Illinois, addressed to
: DOROTHY GUNN, Clerk, Pollution Control Board,
James R. Thompson Center, 100 West Randolph Street, Suite 11-500, Chicago, IL
60601 .
JULIAN BUCHANAN, Respondent
BY: LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
BY:
MICHAEL J. MOLT
LAW OFFICE OF
MICHAEL J. MOLT, LTD .
Attorney for Respondent
P . O. Box 652
Fairfield, 11
62837
Phone: 618/842-4080
