COUTY OF MACON,
)
Complainant,
)
v .
)
TIM WALKER,
)
Respondent .
)
ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
AC07-21
(MCSWDMD No
. 2006-005-AC)
(Administrative Citation)
NOTICE OF FILING AND CERTIFICATE OF SERVICE
To :
Kenneth Boles, Assistant State's Attorney
Macon County State's Attorney
253 East Wood Street
Decatur, IL 62523
YOU ARE HEREBY NOTIFIED that the
MOTION TO RECONSIDER
MODIFY, OR VACATE JUDGMENT OF THE
ILLINOIS POLLUTION CONTROL
BOARD was filed on this date by forwarding the original and nine copies to the Clerk of
the Illinois Pollution Control Board on the 12
S's
°i
-"W
d of
,iMarch,
t
2007 .
W
RECEIVEDCLERK'S
OFFICE
MAR 1 5 2007
Pollution
STATE OF
Control
ILLINOISBoard
The undersigned certifies that he forwarded a copy of the MOTION TO
RECONSIDER, MODIFY, OR VACATE JUDGMENT
OF THE ILLINOIS
POLLUTION CONTROL BOARD to: Kenneth Boles, Assistant State's Attorney,
Macon County State's Attorney, 253 East Wood Street, Decatur, IL 62523, by placing
the document in an envelope, properly addressed and with proper postage affixed, and
mailing the envelope at the U .S . Post Office loc
t Monticello, Illinois, on this 12th
day of March, 2007 .
David K. Cox
Attorney for Respondent
Washington Plaza
112 West Washington Street
Monticello, IL 61856
217/762-3800
REC
EIVED
ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
MAR 1 5 2007
COUTY OF MACON,
)
Pollution
OControl
Boa
Board
Complainant,
)
AC07-21
v.
)
(MCSWDMD No . 2006-005-AC)
(Administrative Citation)
TIM WALKER,
)
Respondent .
)
MOTION TO RECONSIDER, MODIFY, OR
VACATE JUDGMENT OF THE ILLINOIS POLLUTION CONTROL BOARD
NOW COMES the Respondent Tim Walker, by counsel David K
. Cox, and
files his MOTION TO RECONSIDER, MODIFY OR VACATE JUDGMENT OF
THE ILLINOIS POLLUTION CONTROL BOARD, and in support thereof, states
as follows :
1 .
The Illinois Pollution Control Board entered judgment against the
Respondent on January 26, 2007 and assessed a fine of $4,500
.00.
2 .
Counsel for the Respondent was served with the Judgment on
February 5, 2007
.
3 .
The Respondent asserts that there is a reasonable basis to
reconsider, modify, or vacate the judgment based on the following :
A.
The Respondent, nor counsel for the Respondent, were
served with the Complainant's submission to the IPCB
addressing the issue of the date of service and therefore it
should not be considered as a basis for the judgment based
on the alleged timing of the service of the Petition for Review .
B.
The Respondent contends that he was served on October
19, 2006, and was in Florida on October 17, 2006, and that
therefore, his submission was timely .
C .
In the alternative, in the event the Respondent's submission
was untimely, counsel for the Respondent suffered a
medical health emergency on November
14, 2006, and was
out of the office until November
24, 2006 . Therefore, the
submission did not occur until November
24, 2006, due to
circumstances beyond the control of the Respondent
.
D .
The Respondent also contends, that the information relied
on by the State and ultimately the same information which
serves as the basis for the Board judgment was obtained
illegally in that representatives of the state entered his
property without legal authority
. (See Respondent's
Amended Petition to Review.)
4 .
The Respondent believes that the state concurs that any funds
available to the Respondent are best used directly on the property rather than
paid as a fine .
5 .
The Respondent believes the state may concur in vacating the
judgment.
6 .
The Respondent and the state are negotiating a resolution to the
outstanding issues .
WHEREFORE, the Respondent requests that you grant his MOTION TO
RECONSIDER, MODIFY OR VACATE JUDGMENT OF THE ILLINOIS
POLLUTION CONTROL BOARD
.
TIM WALKER, RESPONDENT
Attorney for Respondent
