BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

1

Complainant,

1

AC

v.

)

(IEPA NO. 253-06-AC)

)

DENNIS BALLINGER,

Respondent.

NOTICE OF FILING

TO:

Michelle M. Ryan

Illinois Pollution Control Board

Special Assistant Attorney

Clerk's Office

Illinois Environmental Protection Agency

State of Illinois Center

1021 North Grand Avenue East

100 West Randolph

P.O. Box 19276

Suite 11-500

Springfield, IL 62794-9276

Chicago, IL 60601

PLEASE TAKE NOTICE

that on October 12,2006, Respondent filed with the Clerk of

the Illinois Pollution Control Board of the State of Illinois an original and nine (9) copies of an

Entry of Appearance and a Petition to Contest Illinois Environmental Protection Agency's

Administrative Citation.

Date: October 12,2006

Respectfully submitted,

DENNIS BALLINGER

By

:

One of is Attorneys

BROWN, HAY

&

STEPHENS, LLP

Claire A. Manning

Registration No. 3 124724

Charles

Y. Davis

Registration No. 628601 0

205 S. Fifth Street, Suite 700

P.O. Box 2459

Springfield, IL 62705-2459

(2

17) 544-849 1

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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CERTIFICATE OF SERVICE

I, on oath state that I have served the attached a Petition for Review of Illinois

Environmental Protection Administrative Citation by placing copies in an envelope addressed to:

Michelle M. Ryan

Illinois Pollution Control Board

Special Assistant Attorney

Clerk's Office

Illinois Environmental Protection Agency

1021 North Grand Avenue East

100 West Randolph

P.O. Box 19276

Suite 11-500

Springfield, IL 62794-9276

Chicago, IL 60601

from Brown, Hay

&

Stephens, LLP, 205 S. Fifth Street, Ste. 700, Springfield, Illinois, before the

hour of

5:00 p.m. on this /a~day

of October. 2006.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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CERTIFICATE OF SERVICE

I, on oath state that I have served the attached Entry of Appearance by placing copies in

an envelope addressed to:

Michelle M. Ryan

Illinois Pollution Control Board

Special Assistant Attorney

Clerk's Office

Illinois Environmental Protection Agency

State of Illinois Center

1021 North Grand Avenue East

100 West Randolph

P.O. Box 19276

Suite 11-500

Springfield, IL 62794-9276

Chicago, IL 60601

from Brown, Hay

&

Steph ns, LLP, 205 S. Fifth Street, Ste. 700, Springfield, Illinois, before the

hour of

5:00 p.m. on this bt5day of October, 2006.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

1

1

Complainant,

)

AC

)

V.

1

(IEPA NO. 253-06-AC)

1

DENNIS BALLINGER,

1

1

Respondent.

1

ADMINISTRATIVE CITATION

NOW COMES,

Respondent, Dennis Ballinger, by and through his attorneys, Brown.

Hay

&

Stephens, LLP, Claire A. Manning and Charles Y. Davis, pursuant to Section 3 1.1 of the

Illinois Environmental Protection Act

(41

5

ILCS

513

1 .l) (the "Act"), and as and for his Petition

to Contest Illinois Environmental Protection Agency's Administrative Citation, states as follows:

1.

Complainant, the Illinois Environmental Protection Agency (the "Agency")

inspected the property located at 527

N. High Street, Paris, Edgar County, Illinois, (the

"Property") on March 20, 2006 and on August

8, 2006.

See In.rpection Report attached to the

Agency's Administrative Citation.

2.

The Agency filed an Administrative Citation for alleged open dumping on the

Property against Respondent on September 18,2006.

3.

At all times relevant to the Agency's Administrative Citation, Respondent did not

own the Property where the alleged violations of the Act occurred.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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4.

Respondent obtained title to the Property by Tax Deed, at a public sale of the

Property for the non-payment of taxes, on December 6,2001. Tax Deed is attached hereto and

incorporated herein as Exhibit A.

5.

Respondent sold and conveyed the Property to Edwin Farr on or before January

27,2006. Quit Claim Deed, evidencing the conveyance of the Property, is attached hereto and

incorporated herein as Exhibit B.

6.

Respondent did not own the Property at the time of either of the two inspections

of the Property, nor has he in any way caused or allowed any violation of the Illinois

Environmental Protection Act.

7.

Section 108.206 of the Board's rules recognizes that a proper defense to an

Administrative Citation is that it has been filed against a person who does not own the property

at issue; in fact, it subjects the matter to dismissal. 35 IL. Admin. Code 108.206.

8.

As a result of the foregoing, the Administrative Citation was improperly issued

against Respondent, and should be dismissed.

WHEREFORE,

Respondent. Dennis Ballinger, respectively requests that the Board

enter an Order dismissing the Administrative Citation.

Respectfully submitted,

DENNIS BALLINGER

BY:

("%&%

One of

Y

is Attorneys

b-

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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BROWN, HAY

&

STEPHENS, LLP

Claire A. Manning

Registration No.

3 124724

Charles

Y. Davis

Registration No. 628601 0

205 S. Fifth Street, Suite 700

P.O. Box 2459

Springfield,

IL 62705-2459

(2

1 7) 544-849

1

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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ADMINISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

1

PROTECTION AGENCY,

1

1

Complainant,

1

AC

v.

1

(IEPA NO. 253-06-AC)

1

DENNIS BALLINGER,

1

1

Respondent.

1

ENTRY OF APPEARANCE

NOW COMES

CLAIRE

A.

MANNING, of the law firm of Brown, Hay

&

Stephens,

LLP, and enters their appearance for Defendant, DENNIS BALLINGER, in the above referenced

cause.

A'

By:

filLQ.

0

AL,$

L%,?,fc

L.

L

/

One of His Attorneys

(1

BROWN, HAY

&

STEPHENS, LLP

Claire A. Manning

Registration No. 3 124724

205 S. Fifth Street, Suite 700

P.O. Box 2459

Springfield, IL 62705-2459

(2 17) 544-849 1

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

---

CERTIFICATE OF SERVICE

I, on oath state that I have served the attached Entry of Appearance by placing copies in

an envelope addressed to:

Michelle M. Ryan

Illinois Pollution Control Board

Special Assistant Attorney

Clerk's Office

Illinois Environmental Protection Agency

State of Illinois Center

1021 North Grand Avenue East

100 West Randolph

P.O. Box 19276

Suite 11-500

Springfield, IL 627949276

Chicago, IL 60601

from Brown, Hay

&

Stephens, LLP, 205 S. Fifth Street, Ste. 7

Springfield, Illinois, before the

hour of

5:00 p.m. on this

1 ;9'$-&ty

of Octo ~r,

2006.

i""i

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

---

CERTIFICATE OF SERVICE

I, on oath state that I have served the attached Petition to Contest the Illinois

Environmental Protection Agency's Administrative Citation by placing copies in an envelope

addressed to:

Michelle M. Ryan

Illinois Pollution Control Board

Special Assistant Attorney

Clerk's Office

Illinois Environmental Protection Agency

State of Illinois Center

1021 North Grand Avenue East

100 West Randolph

P.O. Box 19276

Suite 11-500

Springfield, IL 62794-9276

Chicago, IL 60601

from Brown, Hay

&

Stephens, LLP, 205 S. Fifth Street, Ste. 700, Springfield, Illinois, before the

hour of

5.00 p.m. on this /say of October, 2006.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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ADMTNISTRATIVE CITATION

ILLINOIS ENVIRONMENTAL

1

PROTECTION AGENCY,

1

1

Complainant,

1

AC

)

v.

1

(IEPA NO. 253-06-AC)

1

DENNIS BALLINGER,

)

1

Respondent.

ENTRY OF APPEARANCE

NOW COMES

CHARLES

Y.

DAVIS, of the law firm of Brown, Hay

&

Stephens, LLP,

and enters their appearance for Defendant, DENNIS

BALLINGER, in the above referenced

cause.

By:

r-b

..

One of His Attorneys

BROWN, HAY

&

STEPHENS, LLP

Charles

Y.

Davis

Registration

No. 62860 10

205 S. Fifth Street, Suite 700

P.O. Box 2459

Springfield, IL 62705-2459

(217) 544-8491

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

---

CERTIFICATE OF SERVICE

I, on oath state that I have served the attached Entry of Appearance by placing copies in

an envelope addressed to:

Michelle M. Ryan

Illinois Pollution Control Board

Special Assistant Attorney

Clerk's Office

Illinois Environmental Protection Agency

1021 North Grand Avenue East

100 West Randolph

P.O. Box 19276

Suite 11-500

Springiield, IL 62794-9276

Chicago, IL 60601

from Brown, Hay

&

Stephens, LLP, 205 S. Fifth Street, Ste. 700, Springfield, Illinois, before the

hour of

5:00 p.m. on this 1~Way

of October, 2006.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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Ol-TX-l(13)

Ccrtificaw No.

000057

WHE.WAS, At a public sale

of

Real Bstnte for the non-payment of

taxes,

made

in

the

County

aforesaid,

on

December

6,

2001 the following described Real Estate was sold, to

wit:

---

--

05-0083525

11/18/2005

12tV6F FILED RHSPS:010

Bebecte

R-

Kraemer, Edgar

County

Recorder

b

.

Lot

4 of

the

County Clerk's Subdivision

of Out

Cot No. 5

1

to the

City

ctf

Paris,

as

shown by Plat of said Subdivision in Plat

Book

2,

Page

480

of

TAX DEED

I,

.

Return

Dccd

&

Mail

Tax

Stattmnt

To:

Dennis

D. Ballinger

P.

0.

Box

1452

Decatur. K

62525

PARCEL

INDEX

NUMBER:

09-18-01-227-006

AND

WHEREAS,

the

same not

having

been redeemed from said sale,

md

it appearing that the holder of the Certificate of

Purchase of said Real Estate has

complied with thc

laws of thc Sbte

of

Illinois necessary

to

mtitle him

to a

Decd

of

said Rcal Estate:

NOW,

THEEFOm,

mow

Yc,

That

I, REBECCA R.

KRAEMER, County

Clerk

of

said County

of EDGAR

in

considetat~on

of

the premises

and

by

virrue

of

thc

szarurcr of

the Statc

of

IUhois in

such

cascs

provided, do

hereby

grant

and

convcy unto:

DENNIS

D,

BALLrNGER

11

9

West

William

Su~ef

Suite 300

Decatur,

Illinois 62525

his heirs and aasigns forever, the said Rcal Estate hereinbefo.re described.

DOCUMEWARY

STM

"Excmpt

under

provisions of 3SILCS,

,,. .. , , ,

., .

35

ILCS

200n2-85

.

Unless

rhc holdcr

of

~c

Ccniikarc .for

~eaj

Esmtc

VrmhPscd at

any

tax

sale

under

lhla

act

mke

@ur Ulc dccd aa

cntitkd

by

law

urq

didd

blk

& fsrrrvd

within

onc

ycar

hni a~d

ahr

the

dm

forwkmgtion

cxpircs. lhc

raid

ecrb'ficnfc

rx

dccd, and thc ~slc

on

which 1

k

hwad,

sh~n,

frornand after

the

cxpiratian

of

sueh

me

&r,

be

rbsdatcly null. If

thc haldcr of

lucll Cktifiqlk 6han

bD

prcventcd

Qom ohtsininu

such

d~d

by

injwwtion or md*.

of

any court orby

fit

mfml

orlhb

cia& hl imp

am.

bc

dm

hc

is

$0

pwmted

~hnll

bc

hcluduf

horn

chc

cclmurmtion

of

such

tinr.

LAW

OF

1909

-

Tax dccds

shall

not

bc of

my

force or

cffcct

until

sncr d#, onr

have

hcrn filcd far record

in thc

office

oFthe

Rctmda

sfnccds

This Instrument Prepared By

Dennis

D.

Ballingor

1-1

EXHIBIT

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *

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Dennis

D,

Ballinger

D

QUIT

C1LA.M

DEED

Name

of Grantor

F+@@03F'

ebecca

.

~Z'07'200~d~~+%~yntl

raener,

PIP

-or

~HSPS:el0

er

Post Office

Box 1452

becatur,

IL 62525

Return

Deed

B

Mail

Tax Statement To:

Edwin Fan

200

Reichman

Joliet,

IL 60433

for and in consideration of One Dollar

and other

good and

valuable

consideration in

hand

paid,

conveys and

quit

claims to:

Edwin Farr

The

following real

estate described

as;

Lot

4 of the County

Clerk's

Subdivision of Out Lot

No. 51 to

the City of Paris, as shown by

Plat

Of

said Subdivision

in

Plat Book 2,

Page

480 of the records of Edgar

County,

Illinois,

situated

in

Edgar

County, Illinois

PARCEL INDEX NUMBER;

09-1

8-01-227-006

which

is situated

in

the

County

of

Edgar

in

the State

of

Illinois,

hereby

releasing and

waiving

all

rights under

and

by virtue

of

the Homestead Exemption Laws of

this

State.

Grantor hereby certifies that he

nor

his wife have ever occupied the same and therefore have no interest therein

under and

by

virtue

of the Homestead Exemption

Laws of

the State of Illinois.

f

Dated

this t

a

27

,2006

DOCUMENTARY STAMP

Exempt under provisi

ns

of

35

lLCs

ZWiJ1;15

&).

./hk

$3

ller

Vk

or Representative

Dennis

a/$/*

D.

BaiMer

STATE

&

ILLINOIS

)

-- - -

)SS

me

br@gaing

in~trument was acknowleUL(ed

be for^

me

thi$a

day of

&fi

2006 by

Dennis

0,

Balllnger for the

purpo3es

of thsreh set

fofth,

indudlng

the release and WaIvQr

of the

rlght of homestead.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 12, 2006

* * * * * AC 2007-016 * * * * *