BEFORE THE ILLINOIS POLLUTION CONTROL BOARI3
RECEIVEDIVEDI
CITY OF CHICAGO DEPARTMENT
DEC
2
1 2006
)
OF
ENVIRONMENT,
STATE OF
ILLINOIS
)
Pollution Control Board
Complainant,
)
Site Code :031648 03
v.
AC: 200fr ~
)
(CDOE No. 06- 3-AC)
1601-1759 EAST 130" STREET, LLC,
)
Respondent.
)
NOTICE OF FILING
TO: Mr. Bradley P . Halloran
Ms . Jennifer Burke
Illinois Pollution Control Board
City of Chicago, Dept . of Law
100 West Randolph Street, Suite 11-500
30 North La Salle Street, 9" Floor
Chicago, Illinois 60601
Chicago, Illinois 60602
PLEASE TAKE NOTICE that we have this day filed with the Clerk of the Illinois Pollution
Control Board the attached Appearance, Petition to Contest Administrative Citation and Motion
to Consolidate.
Dated at Chicago, Illinois, this 21s` day of Dec her, 006.
J
J. LEVINE, P .C.
Atto
or Respondent
Jeffrey J. Levine, P.C. #17295
20 North Clark Street, Suite 800
Chicago, Illinois 60602
(312) 372-4600
PROOF OF SERVICE
The undersigned, being first duly sworn on oath, deposes and says that he served a copy of
the Notice together with the above mentioned documents to the person to whom said Notice is
directed by hand delivery, this 21 s` day of December, 2006 .
V_
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S OFFICE
CITY OF CHICAGO DEPARTMENT
OF ENVIRONMENT,
Complainant,
V .
1601-1759 EAST 130" STREET, LLC,
Respondent .
Jeffrey J. Levine, P.C . #17295
20 North Clark Street, Suite 800
Chicago, Illinois 60602
(312) 372-4600
Facsimile: (312) 443-1286
Site Code :0316485103 c
AC : 200e7 ~ 9>
(CDOE No.06-03-AC)
DEC 2 1 2006
Pollution
STATE OF
Control
ILLINOISBoard
APPEARANCE
I hereby file my appearance in this proceeding on behalf of the Respondent, 1601-1759
EAST 130th STREET, LLC .
J . Levine, P.C
ey for Respondent
-1759 East 130`" Street, LLC
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDDEC
2
1 2006
CITY OF CHICAGO DEPARTMENT
)
OF
ENVIRONMENT,
Pollution
STATE OF
Control
ILLINOIS
Board
)
Complainant,
)
Site Code :0316485103
AC:
200l-'j!*
a
.
v.
)
(CDOE No. 06-03-AC)
1601-1759 EAST 130" STREET, LLC,
)
Respondent .
)
PETITION TO CONTEST ADMINISTRATIVE CITATION
Now comes the Respondent, 1601-1759 EAST 130" STREET, LLC ., 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 November 20, 2006 .
2 . Respondent contests the issuance of the Administrative Citation for the following reasons :
a. Respondent did not cause or allow specific violations cited in the Administrative
Citation .
b . Upon information and belief, specific violations cited in the Administrative
Citation were untimely and/or improperly alleged ;
c . Numerous alleged violations were the result of uncontrollable circumstances ;
d. Certain alleged violations are baseless and without merit ;
e
. Specific alleged violations did not involve pollution
;
f
. Respondent had no intent to commit specific violations ;
g
. Other individuals or entities were responsible for the violations and have been
punished for the specific acts alleged by the Complainant
;
h
. Complainant seeks recovery from numerous entities for the same violations
; and
i
. Complainant exceeded it's authority in alleging portions of the Administrative
Citation .
Wherefore, for the above and forgoing reasons, Respondent 1601-1759 East 130`
h
Street,
LLC . 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
.
J. Levine, P.C .
A
y for Respondent
1601-1759 East 130' Street, LLC .
Jeffrey J . Levine, P .C. #17295
20 North Clark Street, Suite 800
Chicago, Illinois 60602
(312) 372-4600
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR
DEC
STATE
2 12006
CITY OF CHICAGO DEPARTMENT
Pollution
OF
Control
ILLINOIS
Board
)
OF ENVIRONMENT,
)
Complainant,
)
1601-1759 EAST 130`h
STREET, LLC,
)
Respondent .
)
MOTION TO CONSOLIDATE
Now comes the Respondent, 1601-1759 EAST 130t
h
STREET, LLC ., by and through it's
counsel Jeffrey J
. Levine, P.C .,
and for it's Motion to Consolidate, states and asserts as follows
:
1
. Respondent has been charged with additional administrative citations
.
2
. Said Respondent has also been charged with similar (if not the same) violations in case
No
. AC 2006 - 41 and seeks consolidation for purposes of judicial economy
.
3
. As the parties, counsel and facts are similar if not the same in both matters, Respondent
seeks consolidation of the instant case with case No
. AC 2006 - 41 .
Wherefore, for the above and forgoing reasons, Respondent 1601-1759 East 130`
h Street,
LLC.,
prays that the Illinois Pollution Control Board consolidate the instant action with case No
.
AC 2006 -
41, and for such further relief as this Court deems just and equitable
.
edtfully Submitted,
. Levine, P .C.
At
for Respondent
1601
59 East 130`h Street, LLC .
Jeffrey J
. Levine, P .C. #17295
20 North Clark Street, Suite 800
Chicago, Illinois 60602
(312) 372-4600
Site Code :031648; 103 5
AC
: 20047 '
a
(CDOE No. 06-03-AC)
