H . WESLEY WILKINS
Atty . Reg . No
. 3127822
Attorney for Respondents
602 South Main Street
P . O
. Box 691
Anna, IL 62906
(618) 833-7725
(618) 833-7727 (FAX)
CLERK
RECEIVED
I
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Nut
ADMINISTRATIVE CITATION
By:
e~j
H . WESLEY
INS, their attorney
Pollutinn
STATE OF
Control
ILLINOIS
Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
-vs-
)
IEPA Docket No . 375-06-AC
BOBBY G . MYERS and DONALD D .
)
MYERS,
)
Respondents .
)
NOTICE OF FILING
PLEASE TAKE NOTICE that on this day and date, I mailed for filing with the Clerk
of the Pollution Control Board of the State of Illinois a PETITION FOR REVIEW,
NOTICE OF FILING, CERTIFICATE OF SERVICE, and NOTICE OF APPEARANCE
.
Dated this
G
day of February, 2007
.
BOBBY
G . MYERS
DONALD D . MYERS, Respondents
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
-vs-
)
EPA Docket No . 375-06-AC
BOBBY G . MYERS and DONALD D .
)
MYERS,
)
Respondents
.
)
ENTRY/NOTICE OF APPEARANCE
NOW COMES H
. Wesley Wilkins, Attorney-at-Law, and hereby enters his
appearance in this cause on behalf of the Respondents herein, being BOBBY G .
MYERS and DONALD D . MYERS, and hereby requests that all further notices and/or
pleadings in this cause be sent to him at the below-listed address .
Dated this
6
day of February, 2007
.
BOBBY G. MYERS
DONALD D
. MYERS, Respondents
B
H. WESLEY W INS, their attorney
H. WESLEY WILKINS
Atty. Reg . No. 3127822
Attorney for Respondents
602 South Main Street
P . O, Box 691
Anna, IL 62906
(618) 833-7725
(618) 833-7727 (FAX)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
-vs-
)
IEPA Docket No . 375-06-AC
BOBBY G . MYERS and DONALD D.
)
MYERS,
)
Respondents .
)
PETITION FOR REVIEW
NOW COMES BOBBY G . MYERS and DONALD D . MYERS, being the
Respondents herein, by and through their attorney, H . Wesley Wilkins, and pursuant to
415 ILCS 5/31/1 (2004), hereby contests and objects to the Administrative Citation
issued to the Respondents in this cause, and as grounds therefore, respectfully states
as follows:
1) . That contrary to the allegations contained in the Complaint and Affidavit filed
herein, the real property upon which the alleged "open dump", identified as Site Code
No. 1818515003, is located, is owned solely by Donald D . Myers, one of the
Respondents herein, with the adjacent property being owned in equal shares by Harold
Myers, Barbara Cerney, Donald D . Myers and Bobby G
. Myers, being the children and
surviving heirs of their parents, who previously owned/occupied said property .
2). . That the named Respondent, Bobby G
. Myers, has never operated any open
dump or any salvage operation upon said real property, at anytime .
3).
That said site has, in fact, been operated by Donald D . Myers for more than
forty (40) years as a salvage yard, not as an "open dump" as alleged
in the Complaint
and/or Citation issued herein
.
4) . That the Respondents have never allowed or caused the open
dumping of
waste on said real property, in any manner, which has resulted in any open burning as
alleged in the Complaint/Citation filed herein
.
5). That the alleged "facts" upon which said Complaint/Citation is based are
so factually incorrect that the same cannot stand and should be dismissed .
6) . That while Respondents acknowledge that the property is unsightly, said
property is in no worse condition nor any more violative of EPA standards and/or
other environment laws, rules and/or regulations than are
dozens of other parcels of
property located throughout Union County, Illinois, such that the issuance and
prosecution of this Complaint/Citation in this cause constitutes selective enforcement of
the laws, rules and regulations of the State of Illinois against
the Respondents .
NOW THEREFORE,
the Respondents hereby pray for the following relief :
A. That the Complaint/Citation filed herein be dismissed,
with prejudice .
B. That in the alternative, that any and all allegations against
Bobby G . Myers,
being one of the Respondents herein, be dismissed and/or he
should be removed as a
party to these proceedings .
C
. For such other and further relief as is deemed just and proper
.
Dated this 6 ' day of February, 2007 .
BOBBY G . MYERS
DONALD D . MYERS, Respondents
BY
:
J
~4+-s
.
H . WESLEV
H . WESLEY W INS
INS
, ,their
their attorneyattorney
CERTIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code
of Civil Procedure, the undersigned certifies that the statements set forth in this
instrument are true and correct, except as to matters therein stated to be on information
and belief and as to matters the undersigned certifies as aforesaid that each verily
believes the same to be true .
' YERS
ent
DONALD D . MYERS,Respondent
H . WESLEY WILKINS
Atty. Reg . No . 3127822
Attorney for Respondents
602 South Main Street
P. O
. Box 691
Anna, IL 62906
(618) 833-7725
(618) 833-7727 (FAX)
CERTIFICATE/PROOF OF SERVICE
I, the undersigned, hereby certify that on the day and date hereinafter affixed, I did
send by Overnight and/or Certified Mail, Return Receipt Requested, with postage
and/or all delivery costs thereon being fully prepaid, by depositing in the United States
Post Office Box at the Post Office in Anna, Illinois, a true and correct copy of the
following instrument(s) entitled PETITION FOR REVIEW, NOTICE OF FILING,
CERTIFICATE/PROOF OF SERVICE and NOTICE/ENTRY OF APPEARANCE .
TO :
Clerk of the Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
IEPA Division of Legal Counsel
1021 North Grand Avenue East
P. 0. Box 19276
Springfield, IL 62794-9276
Dated this
6
it-
day of February, 2007 .
H . WESLEY WILKINS
Atty. Reg . No
. 3127822
Attorney for Respondents
602 South Main Street
P
. O
. Box 691
Anna, IL 62906
(618) 833-7725
(618) 833-7727 (FAX)
H. WESLEY WIL S Respondents a
ttorney
