RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV 2 8 20%
STATE
ADMINISTRATION CITATION
Pollution
OCont
ILLINOIS
of Board
COUNTY OF MACON, ILLINOIS
)
Complainant,
)
AC(MCSWMD
O
File No . 2006-005-AC)
v.
)
Tim Walker
)
Respondents .
NOTICE OF FILING
To :
Kenneth Boles, Assistant State's Attorney
Macon County State's Attorney
253 East Wood Street
Decatur, Illinois 62523
YOU ARE HEREBY NOTIFIED that a PETITION FOR REVIEW and NOTICE
OF APPEARANCE were filed on this date by forwarding the original and nine copies to
the Clerk of the Illinois Pollution Control Board .
David K. Cox
Attorney for Respondent
112 West Washington Street
Monticello, Illinois 61856
217-762-3800
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV
2 8 2006
ADMINISTRATION CITATION
Pollution
STATE OFControl
ILLINOIS
Board
COUNTY OF MACON, ILLINOIS
)
Complainant,
)
AC
(MCSWMD File No . 2006-005-AC)
v.
)
Tim Walker
)
Respondents.
)
PETITION TO REVIEW
NOW COMES the Respondent Tim Walker, by Counsel David K
. Cox, and
pursuant to 415 ILCS 5/31 .1, files his Petition for Review, and in support thereof, states
as follows :
1
. An administration citation was issued in Macon County pursuant to the Illinois
Protection Act .
2. The Respondent Tim Walker contests the administration citation and requests
Review by the Illinois Pollution Control Board based on the following :
A
. Inspectors who were involved in the investigation obtained access to
the property illegally, neither by permission nor pursuant to a valid
search warrant .
B
. There has been no demonstration that any condition on the property
presents an imminent or substantial endangerment to the environment or
to human health .
C. Many of the conditions alleged to exist at the time of the inspection
did not exist at the time of the issuance of the administrative citation .
D. Much of the construction materials on the site were being handled
as part of ongoing construction projects, and thus are not a violation
of the Act .
E. The administrative citation addresses natural materials, the storage and
usage are not prohibited by the Act .
F
. The Respondent did not cause or allow certain alleged violations
identified in the inspection reports .
3 .
The Board should defer action until the process outlined in the administrative
citation issued directly to the Respondent by Macon County has been completed,
in that there is no final order for the Board to review at this point
. This petition is
filed based on the filing of an administrative citation with the Board by Macon
County .
WHEREFORE, the Respondent requests dismissal or review of the
administrative citation
.
David K. Cox
Attorney for Respondent
112 West Washington Street
Monticello, Illinois 61856
217-762-3800
Respectfully submitted on behalf
of • - ' • .onde T Walker,
Davi
Attorney for Respondent
BEFORE THE ILLINOIS POLLUTION CONTROL BOAW
CLERK'S
E C E
OFFICE
I V IE Q
COUNTY OF MACON, ILLINOIS
NOV
2 8 2006
)
Complainant,
Pollution
STATE OFControl
ILLINOIS
Board
)
AC
d'^
~'I
(MCSWMD File No . 2006-005-AC)
v.
)
Tim Walker
)
Respondents.
NOTICE OF APPEARANCE
I, David K . Cox, an Illinois attorney, hereby enter my appearance on behalf of the
Respondent Tim Walker
.
ADMINISTRATION CITATION
Dave`'. Cox
Attorney for Respondent
David K . Cox
Attorney for Respondent
112 West Washington Street
Monticello, Illinois 61856
217-762-3800
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RER
E I VIED
NOV
2 G 2006
STATE O
COUNTY OF MACON, ILLINOIS
)
PollutionCont
of Board
Complainant,
)
AC
01
0
>4
(MCSWMD File No . 2006-005-AC)
Tim Walker
)
Respondents .
CERTIFICATE OF SERVICE
The undersigned certifies that he forwarded a copy of the PETITION FOR
REVIEW, NOTICE OF APPEARANCE, and NOTICE OF FILING to :
Kenneth Boles, Assistant State's Attorney
Macon County State's Attorney
253 East Wood Street
Decatur, Illinois 62523
by placing the documents in an envelope, properly addressed and with proper postage
affixed, and mailing the envelope at the U .S
. Post Office located in Monticello, Illinois,
on this, the 24th day of November, 2006 .
ADMINISTRATION CITATION
David K. Cox
Attorney for Respondent
112 West Washington Street
Monticello, Illinois 61856
217-762-3800
