State of Illinois

Pollution Control Board

James

Chicago, Illinois 60601

http://www.ipcb.state.il.us/

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Complainant(s),

(Insert your name(s) in the space above)

(Insert name(s)

of

alleged polluter(s))

Respondent(s)

In The Matter Of:

CASEYVILLE SPORT CHOICE, LLC,

An Illinois Limited Liability Company

PCB 20

(For Board use only)

)

)

)

)

)

)

)

v.

)

ERMA I. SEIBER, ADMINiSTRATRIX OF )

THE ESTATE OF JAMES

A.

SEIBER, )

DECEASED, AND ERMA

I. SEIBER,

IN

)

HER INDIVIDUAL CAPACITY

)

)

)

)

)

1.

Your Contact Information

Name:

Street Address:

Caseyville Sport Choice, LLC

c/o Belsheim

& Bruckert, L.L.C.

1002 East Wesley Drive, Suite 100

County:

State:

Phone Number:

St. Clair

O'Fallon, IL 62269

(618 )624 - 4221

Electronic Filing, Received, Clerk's Office, October 3, 2007

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2.

Place where you can be contacted during normal business hours (if

different from above)

Name:

Street Address:

Same as above

County:

State:

Phone Number:

(

)

3.

Name and address of respondent (alleged polluter)

Name:

Street Address:

County:

State:

Phone Number:

Erma

I. Seiber, Administratrix of the Estate of

James A. Seiber, Case No. 07-P-00003 in

Todd

District

Court

(Commonwealth

of

Kentucky) and Erma I. Seiber, in her individual

capacity

(See

order attached as Exhibit A.)

2070 Rattlesnake Road

Todd

Elkton, KY 42220

Not Known

4.

Describe the type of business or activity that you allege is causing or

allowing pollution

(e.g.,

manufacturing company, home repair shop)

and give the address

of the pollution source if different than the

address above

The respondents operated a business which hauled away - from a

nearby racetrack -

large amounts

of horse manure and

miscellaneous "municipal trash" intermixed with the horse manure,

and dumped both the horse manure and "municipal trash" on three

parcels

of land in St. Clair County.

5.

List specific sections of the Environmental Protection Act, Board

regulations, Board order, or permit that you allege have been or are

being violated

Electronic Filing, Received, Clerk's Office, October 3, 2007

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(a)

the open dumping of waste, in violation of §21 (a) of the Illinois

Environmental Protection Act (415 ILCS

5/21 (a));

(b)

the conduct of a waste-storage or waste-disposal operation

without a permit granted

by the Illinois Environmental Protection

Agency,

in violation of §21 (d) of the Illinois Environmental

Protection Act (415 ILCS 5/21(d));

(c)the disposal, storage, or abandoning of waste

on land which was

not

"a site or facility which meets the requirements of this Act and

of regulations and standards thereunder," in violation of §21(e) of

the Illinois Environmental Protection Act (415 ILCS

5/21 (e));

(d)

the development of a new solid waste management site

without a Development Permit issued by the Environmental

Protection Agency,

in violation of 35 Illinois Administrative Code

807.201; and

(e) the operation of a solid waste management site without

an

Operating Permit issued by the Environmental Protection

Agency,

in violation of 35 Illinois Administrative Code 807.202.

6.

Describe the type of pollution that you allege

(e.g.,

air, odor, noise,

water, sewer back-ups, hazardous waste) and the location of the

alleged pollution. Be as specific

as you reasonably can in describing

the alleged pollution.

The respondents dumped over 159,000 tons of horse manure and

over 2,600 tons of "municipal trash"

on the three parcels of land, the

legal descriptions

of which are attached as Exhibit B.

7.

Describe the duration and frequency of the alleged pollution. Be as

specific as you reasonably can about when you first noticed the

alleged pollution, how frequently it occurs, and whether it

is still

continuing (include seasons of the year, dates, and times of day if

known)

The respondents dumped the horse manure and intermixed

"municipal trash" over a period of years (from approximately

1981 to

1993) preceding their conveyance of the parcels of land to the

complainant

on December 16, 2004. The complainant became

aware of the huge amount of horse manure, and the presence of

"municipal trash" intermixed with the horse manure,

in April, 2005, in

the course of developing the land for a subdivision. Since obtaining

title and possession to the parcels of land, the complainant has not

allowed the dumping of any more horse manure or intermixed

"municipal trash"

on the parcels of land.

Electronic Filing, Received, Clerk's Office, October 3, 2007

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8.

Describe any bad effects that you believe the alleged pollution has

or has had

on human health, on plant or animal life, on the

environment, on the enjoyment of life or property, or on any lawful

business or activity

To proceed with the development of its subdivision

on the three

parcels of land, the complainant cleaned up the land and obtained

an Environmental

No Further Remediation Letter from the Illinois

Environmental Protection Agency, which it recorded

in the St. Clair

County Recorder's Office as Document No. A02003866 on

September 27, 2006. The complainant incurred cleanup costs in the

amount of Four Million Five Hundred and Twenty-eight Thousand

Five

Hundred

and

Eighty-nine

Dollars and

Ten

Cents

($4,528,589.10).

9.

Describe the relief that you seek from the Board

(e.g.,

an order that

the respondent stop polluting, take pollution abatement measures,

perform a cleanup, reimburse cleanup costs, change its operation, or

pay a civil penalty (note that the Board cannot order the respondent

to pay your attorney fees or any out-of-pocket expenses that you

incur by pursuing

an enforcement action))

Reimbursement of the complainant's clean-up costs from the

respondents.

10. Identify any identical or substantially similar case you know of that is

already pending before the Board or in another forum against this

respondent for the same alleged pollution (note that you need not

include any complaints made to the Illinois Environmental Protection

Agency or any unit of local government)

Electronic Filing, Received, Clerk's Office, October 3, 2007

* * * * * PCB 2008-030 * * * * *

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The complainant filed a "Proof of Claim and Affidavit of Claimant" in

the Estate of James A. Seiber, Deceased, No. 07-P-00003 in the

Todd District Court (Commonwealth of Kentucky) on July 5, 2007.

The filing

of the "Proof of Claim and Affidavit of Claimant" was

necessary, under the law of the State of Kentucky,

in order to

preserve the complainant's rights against Erma I. Seiber,

Administratrix of the Estate of James A. Seiber, Deceased. A Notice

of Disallowance of the claim was mailed by

Erma

I. Seiber,

Administratrix of the Estate of James A. Seiber, Deceased, on

August 21, 2007.

The complainant intends

to file - on the same day that it files this

complaint with the Illinois Pollution Control Board - a complaint

against the respondents

in an appropriate United States District

Court based upon theories of (1) breach of contract and (2) common

law fraud.

11. State whether you are representing (a) yourself as an individual or

(b) your unincorporated sale proprietorship. Also, state whether you

are

an attorney and, if so, whether you are licensed and registered

to practice law in Illinois. (Under Illinois law, an association, citizens

group, unit of local government, or corporation must

be represented

before the Board by an attorney. Also, an individual who is not an

attorney cannot represent another individual or other individuals

before the Board. However, an individual who is not an attorney is

allowed to represent (a) himself or herself as an individual or (b) his

or her unincorporated sale proprietorship, though the individual may

prefer having attorney representation.)

The complainant

is represented by Belsheim

&

Bruckert, L.L.C.,

Attorneys at Law, and

is

not

representing itself.

Electronic Filing, Received, Clerk's Office, October 3, 2007

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12. CASEYVILLE SPORT CHOICE, LLC

an Illinois limited liability company,

CERTIFICATION

(optional but encouraged)

\.)j

I

~r

0

~'--lV\..

f\"

C::~V·\..t>\ &":)v~"'"'

,

on oath or affirmation,

read the foregoing

and that it is accurate to the best of my knowledge.

Subscribed

to and sworn before me

this,

day

of

,

2007.

Notary Public

My commission expires:

_

Electronic Filing, Received, Clerk's Office, October 3, 2007

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---

the Estate of James A. Seiber, deceased, and her bond is set In the sum of

debts thereon, and the Court thereby being sufficiently advised, it should be and

THIS DATE came Erma

I.

Seiber and filed an application requesting that she

JAN 1 6 Z007

ENTERED

TS~D

;r1!t.n:

CIRfl}DISTRICT CT.

B~_~=,i

Xi

D,C,

hereby is ordered that Erma

I.

Seiber be and hereby is appointed Administratrix of

II

:i

'I

II

Ii

1

1

'1'

COMMONWEALTH OF KENTUCKY

TODD DISTRICT COURT

CASE NUMBER 07-P-

DOD)'~

liN RE: THE ESTATE OF JAMES

A.

SEIBER, DECEASED

,

I

I

:1

II

Ii be appointed as Administratrix of the Estate of James A. Seiber, deceased, and

/- the Court having considered

said application and having found that the persona'

I property in the Estate is estimated to be valued at $20,000.00, excluding any

II

I

II

I

,

$20,000,00, with Lisa D. Seiber as surety thereon.

THEREUPON, the said Erma

I.

Seiber executed the aforesaid bond in the

. sum of $20,000.00, with Lisa

D. Seiber as surety thereon, which bond is approved

by the Court and after taking

the proper oath as Administratrix, Erma I. Seiber is now

the duly qualified and acting Administratrix of the Estate of James

A. Seiber,

,I

DILLINGHAM,

I'

RITCHIE &

A

ttorneys

PETRiE

at

Law I

I

Ii

II

Ii

II

Ii

deceased.

I~

ENTERED this _

.!~

day of Januar

Exbibit A

Electronic Filing, Received, Clerk's Office, October 3, 2007

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Parcell

The Northwest Quarter of the North"vest Quarter of Section 9, Township 2 NOJih, Range 8 West of the

'Dlird Principal Meridian., St. Clair

County, Illinois, together with all improvements located thereon.

ALSO, all easements of any kind, including easements of egress and ingress, that are owned by the

Grantors.

ALSO, an easement of ingress and egress over the Westerly edge of the approximately 11 acre tract..

located

in the Southwest Quarter of the Northwest Quarter of Section 9, Township '2 North, Range 8 West

ofthe Third Principal Meridian, which tract is described as follows:

Commencing at the stone that marks the Southeast corner of the Southwest Quarter of the Northwest

Quarter of Section 9, Township 2 North, Range 8 West of the Third Principal Meridian, thence in a

NOliherly direction along the East line of the Southwest Quarter of the Northwest Quarter of said Section 9,

a

distance of 339.50 feet to an iron bar at the Point of Beginning of the tract of land herein described,

[hence continuing ill a Northerly direction along the East line of the Southwest Quarter of the Northwest

Quarter of said Section 9, a distance of 967.32 feet to the stone that marks the Northeast corner of the

Southwest Qmuter of the NOItllwest Quarter of said Section 9: thence in a Westerly direction along the

North line of the Southwest Quarter of the Northwest Quarter of said Section

9,

a distance of 1002.95 feet

to

a pipe; thence in a Southeasterly direction to the iron bar at the Point of Beginning, which easement is to

be 50

feet in width and located as to be a continuation of the existing Right-of-Way approaching the

property from the South, and to include the area 16.5 feet in width of a previously existing easement, with

the Southwesterly boundary line thereof to be the existing creek line at a usable level.

Also, Fee

Simple Title to that part of the above described approximately II-acre tract lying West of the

above-described easement property,

EXCEPTING from all of the above, the coal, oil, gas and other minerals underlying the premises.

Containing 39.80 acres, more or less.

Parcel 2

Lot 5 in U.S.

Survey No. 785, Claim 102; rcficrence being had to the plat thereof recorded in the Rccorder's

Office ofSt. Clair County, Illinois, in Assessor's Plats Lands North "2"on page 39.

EXCEPT that part thereof lying within the

Right-oj~Way

of the St. Louis, Vandalia and 'Terre Haute

Railroad.

Containing 26,00 acres, more or less.

Exhibit B

Electronic Filing, Received, Clerk's Office, October 3, 2007

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Parcel 3

Lot SA, Northeast Qumicr of Section 8, Township 2 North, Range 8 West of the Third Principal Meridian;

reference being had

to the plat thereof recorded in the Recorder's Office of

51.

Clair COllnty .. III inois, in

Assessor's Plats Lands North "2" on page 3lJ,

EXCEPT that part thereof described as follows, to-wit:

6 acres being part of the Northeast Quarter of Section 8, Township 2 North, Range 8 West of the Third

Principal Meridian, beginning

at the Southeast corner of said Quarter Section; thence West 34 rods; thence

NOlih so as to include the 6 acres; thence Easl and South to the Place of Beginning.

EXCEPT, FtJRTHER, that part conveyed

to Amos B. Emrich by Deed recorded in Book 869 on page 610,

described

as follows, to-wit:

That part

of Lot 8A, Nmtheast Fractional Qumier of Section 8, Township 2 North, Range 8 We"t of the

Third Principal Meridian, described

a" follows: Commencing at a pipe which mal'ks the Northeast corner of

Lot 2, NOliheast Fractional Quarter of Section 8, Township 2 North, Range 8 West; thence NOIih along the

East line

of Section S, a distance of 749 feet to a point; thence West along a line parallel to the South line of

Section 8, a distance of 753 feet to a point: thence South along a line parallel to the East line of Section 8, a

distance

of [217 feet to a point in the East and West center line of Section 8; thence East along the said

center line

of Section 8, a distance of 194 feet to a pipe which marks the Southwest corner of Lot 2; thence

North along the West line

of Lot 2; 468 feet to the pipe which marks the Nor.thwest corner of Lot 2; thence

East along the North line

of Lot 2, a distance of 565 feet to a pipe at the Point of Beginning.

EXCEPT, FURTHER, that part

of Lot 4 in the Southeast Quarter and that part of Lot 8A in the Northeast

Quarter

of Section 8 of Township 2 NOIih, Range 8 West of the Third Principal Meridian, Village of

Caseyville, St. Clair County, Illinois, reference being had to the plat thereof recorded in tJle Recorder's

Office

of S1. Clair County, lliinois, in Book of Assessor's Plats Lands North "2" on page 39, as in Deed

Book 3057, page 1972, and being more particularly described

as follows:

Beginning at

an iron bar marking the Northeast corner of said Lot 4; thence in a Southerly direction along

the East line

of said Lot 4, a distance of

70.15

feet to an iron bar marking the Northeast corner of a tract of

land conveyed to Carlton W, Hill and Lois R. Hill, his wife, as joint tenants and not as tenants in common,

by Deed recorded in Book 1776 on page 50 I' thence in a Westerly direction along the North line of said

Hill Tract, and making an interior counterclockwise angle

of 88°15'10" with the last described line, a

distance

of 71,51 feet to the Northwest corner of said Hill Tract; thence in a Southerly direction along said

Hill West line and making

an exterior clockwise angle 89°59'23" with the last described line, a distance of

69.14 feet to a point; thence in a Northwesterly direction along a line that makes an interior

counterclockwise angle

of 24°23'09" with the last described [inc, a distance of 711.24 feet to an iron rod;

thence

in a Northeasterly direction along a line that makes an interior counterclockwise angle of 118')21'20"

the last described line, a distance

of 319,72 feet; thence in a Northeasterly direction along a line that makes

an interior counterclockwise angle of 160°58'36" the last described line, a distance of 165.03 feet to a point;

thence

in a Northeasterly direction along a line that makes an exterior clockwise angle of 12,F45'46" with

the last described line, a distance

of 360,14 feet to an old pipe that marks the Northwest corner of a tract of

lanel conveyed to Amos B. Emrich by Deed recorded in Book 869 on page 610; thence in a Southerly

direction along the said Emrich West line and; making

an interior counterclockwise angle of 03°24'49"

with the last described line, a distance

of about 1214.9 feet to the Southwest corner of said Emrich Tract

and being a point

on the East- West center line of said Section 8; thence in a Westerly direction along said

Section center line and makin.!,

an interior counterclockwise angle of 89°32' 14" with the last described line,

a distance

of24.56 feet to the Point of Beginning.

Containing 76.02 acres, more or less.

Electronic Filing, Received, Clerk's Office, October 3, 2007

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NOTICE TO RESPONDENT

NOTE:

THIS STATEMENT MUST BE INCLUDED IN THE SERVICE OF THE

INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT

Please take notice that today I filed with the Clerk of the Illinois Pollution Control

Board (Board) a formal complaint, a copy of which

is served on you along with this

notice. You may be required to attend a hearing

on a date set by the Board.

Information about the formal complaint process before the Board

is found in the

Environmental Protection Act (Act) (415 ILCS

5/1

et seq.)

and the Board's procedural

rules (35

III. Adm. Code 101 and 103). These can be accessed at the Board's Web site

(wwN.ipcb.state.il.us). The following

is a summary of some of the most important points

in the Act and the Board's procedural rules. It is provided for general informational

purposes only and does not constitute legal advice or substitute for the provisions of

any statute, rule, or regulation:

Board Accepting Formal Complaint for Hearing; Motions

The Board will not accept this formal complaint for hearing if the Board finds that

it

is either "duplicative" or "frivolous" within the meaning of Section 31 (d) of the Act (415

ILCS

5/31 (d)) and Section 101.202 of the Board's procedural rules (35 III. Adm. Code

101.202). "Duplicative" means that an identical or substantially similar case is already

pending before the Board or

in court.

See

35 III. Adm. Code 103.212(a) and item 10 of

the formal complaint.

"Frivolous" means that the formal complaint seeks relief that the Board does not

have the authority to grant, or fails to state a cause of action upon which the Board can

grant relief. For example, the Board has the authority to order a respondent to stop

polluting

and pay a civil penalty, to implement pollution abatement measures, or to

perform a cleanup or reimburse cleanup costs. The Board does not have the authority,

however, to award attorney fees to a citizen complainant.

See

35 Ill. Adm. Code

103.212(a) and items 5 and 9 of the formal complaint.

If you believe that this formal complaint is duplicative or frivolous, you may file a

motion with the Board, within

30 days after the date you were served with the complaint,

requesting that the Board not accept the complaint for hearing. The motion must state

the facts supporting your belief that the complaint

is duplicative or frivolous.

Memoranda, affidavits, and any other relevant documents may accompany the motion.

If you need more time than 30 days to file a motion alleging that the complaint

is

duplicative or frivolous, you must file a motion for an extension of time within 30 days

after service of the complaint. A motion for

an extension of time must state why you

need more time and the amount of additional time you need. Timely filing a motion

Electronic Filing, Received, Clerk's Office, October 3, 2007

* * * * * PCB 2008-030 * * * * *

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alleging that the complaint is duplicative or frivolous will stay the 50-day period for filing

an answer to the complaint.

See

35 III. Adm. Code 103.204, 103.212(b).

All motions filed with the Board's Clerk must include an original, nine copies, and

proof of service

on the other parties. Service may be made in person, by U.S. mail, or

by messenger service. Mail service

is presumed complete four days after mailing.

See

35 III. Adm. Code 101.300(c), 101.302, 101.304.

If you do not respond to the Board within

30 days after the date on which the

complaint was served on you, the Board may find that the complaint is not duplicative or

frivolous and accept the case for hearing. The Board will then assign a hearing officer

who will contact you to schedule times for telephone status conferences and for

hearing.

See

35 III. Adm. Code 103.212(a).

Answer to Complaint

You have the right to file an answer to this formal complaint within 60 days after

you receive the complaint. If you timely file a motion alleging that the complaint is

duplicative or frivolous, or a motion to strike, dismiss, or challenge the sufficiency of the

complaint, then you may file an answer within 60 days after the Board rules on your

motion.

See

35 III. Adm. Code 101.506, 103.204(d), (e), 103.212(b).

The Board's procedural rules require the complainant to tell you as respondent

that:

Failure

to file an answer to this complaint within 60 days may have

severe consequences.

Failure to answer will mean that all

allegations in the complaint will be taken as if admitted for purposes

of this proceeding. If you have any questions about this procedure,

you should contact the hearing officer assigned to this proceeding,

the Clerk's Office or an attorney. 35 III. Adm. Code 103.204(f).

Necessity of an Attorney

Under Illinois law, an association, citizens group, unit of local government, or

corporation must

be represented before the Board by an attorney. In addition, an

individual who is not an attorney cannot represent another individual or other individuals

before the Board. However, even if an individual is not an attorney, he or she is allowed

to represent (1) himself or herself as an individual or (2) his or her unincorporated sole

proprietorship.

See

35 III. Adm. Code 101.400(a). Such an individual may nevertheless

wish to have an attorney prepare an answer and any motions or briefs, and present a

defense at hearing.

Electronic Filing, Received, Clerk's Office, October 3, 2007

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Costs

In defending against this formal complaint, you are responsible for your attorney

fees, duplicating charges, travel expenses, witness fees, and any other costs that you or

your attorney may incur. The Board requires

no filing fee to file your answer or any

other document with the Board. The Board will pay any hearing costs

(e.g.,

hearing

room rental, court reporting fees, hearing officer expenses).

If you have any questions, please contact the Clerk's Office at (312) 814-3629.

Electronic Filing, Received, Clerk's Office, October 3, 2007

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CERTIFICATE OF SERVICE

I, the undersigned, on oath or affirmation, state that on October 3, 2007, I served the

attached formal complaint and notice

on the respondent by

certified mail (attach copy

of receipt if available,

___ otherwise you must file receipt later with Clerk)

registered mail (attach copy

of receipt if available,

---

otherwise you must file receipt later with Clerk)

messenger service (attach copy of receipt if available,

---

otherwise you must file receipt later with Clerk)

X

personal service (attach affidavit if available,

otherwise you must file affidavit later with Clerk)

(My office sent two copies of the foregoing Formal Complaint to

a

process

server

in the State of Kentucky

so

that he can make personal service on Erma I.

Seiber in both her capacities,

as

an individual and

as

administratrix of the Estate

of James

A.

Seiber, Deceased. When I receive the process server's returns of

service, I will promptly file them with the Clerk of the Illinois Pollution Control

___

Board.)

at the address below:

RESPONDENTS ADDRESS:

Name

Street

City, state, zip code

Name

Street

City, state, zip code

Erma

I. Seiber, in her individual capacity

2070 Rattlesnake Road

Elkton, KY 42220

Erma

I. Seiber, Administratrix of the Estate of James

A.

Seiber,

Deceased, Case No. 07-P-00003 in Todd District Court

(Commonwealth

of Kentucky)

2070 Rattlesnake Road

Elkton, KY 42220

(list each respondent's name and address if multiple respondents)

Electronic Filing, Received, Clerk's Office, October 3, 2007

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Street 1002 E. Wesley Drive, Suite 100

City, state, zip code O'Fallon,

IL

62269

Subscribed to and

8w@FFI/affirmed before me

this

3d day of October, 2007.

Notw

L

IW{;:w

Mycommissionexpires:

__

5_-_2_0_-_2_

0

_f_{

_

OFFICIAL SEAL

JAYNE E. Me INTEE

NOTARY PUIUC. STATE OF IUJNOIS

1ft'COtM881OH EJCIlIftES 5-20-2011

Electronic Filing, Received, Clerk's Office, October 3, 2007

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