BEFORE THE ILLINOIS POLLUTION CONTROL
BOARIfitec,
ADMINISTRATIVE CITATION
CLER
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V
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
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MAR
2 +
20080
e
frt.
gB
No. 2008-0019
e
ar
d
ution
v.
C. JOHN BLICKHAN,
Respondent.
(IEPA NO. 23-08-AC)
NOTICE OF FILING
TO: Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
(SEE PERSONS
ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board an
ENTRY OF APPEARANCE OF JON
S. FALETTO and
PETITION TO CONTEST ADMINISTRATIVE CITATION,
copies of which are herewith
served upon you.
Dated: March
20, 2008
Respectfully submitted,
C. JOHN BLICKHAN,
Respondent
Jon S. Faletto
Hinshaw & Culbertson LLP
416 Main Street, 6th Floor
Peoria, IL 61602
309-674-1025
This document utilized 100% recycled paper products.
CERTIFICATE OF SERVICE
I, Jon S. Faletto, the undersigned, hereby certify that I have served the attached ENTRY
OF APPEARANCE OF JON S. FALETTO and PETITION TO CONTEST
ADMINISTRATIVE CITATION upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph St.
Suite 11-500
Chicago, IL 60601
Michelle M. Ryan, Esq.
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
By depositing said documents in the United States Mail, postage prepaid, in Peoria, Illinois, on
March 20, 2008.
80258894v1 NEWFILE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL?
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PROTECTION
Complainant,AGENCY,
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No. 2008-0019
v.
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(IEPA NO. 23-08-AC) --^
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C. JOHN BLICKHAN,?
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MAR 2 4 2008
Respondent.
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STATE
OF ILLINOIS
ENTRY OF APPEARANCE OF JON
S.
FALETTO
ollution Control
Board
NOW COMES Jon S. Faletto, of the law firm Hinshaw & Culbertson LLP, and hereby
enters his appearance on behalf of Respondent, C. JOHN BLICKHAN, in this matter.
Dated:
?
March 20, 2008?
Respectfully submitted,
C. JOHN BLICKHAN,
Respondent
Jon S. Faletto
Hinshaw & Culbertson LLP
416 Main Street, 6th Floor
Peoria, IL 61602
309-674-1025
This document utilized
1000/u
recycled paper products.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Den
No. 2008 - 0019
FR
(IEPA NO. 23-08
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to/Sbard
OPFier
St1201:
Complainant,
v.
C. JOHN BLICICHAN,
Respondent.
PETITION TO CONTEST ADMINISTRATIVE CITATION
NOW COMES Respondent, C. JOHN BLICICHAN, by and through his attorneys,
HINSHAW & CULBERTSON LLP, and pursuant to 35 Ill. Admin Code §108.204, hereby
contests the Administrative Citation ("AC") improperly issued by Complainant, ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY ("IEPA"), in the above-entitled case and in
support thereof, states as follows:
I. On or about February 29, 2008, Complainant IEPA filed an AC with the Illinois
Pollution Control Board ("Board") alleging,
inter alia,
that Mr. C. John Blickhan operates a
"facility" which constitutes an "open dump" operating without an IEPA-issued Operating Permit.
See Administrative Citation,
Illinois Environmental Protection Agency v.
C.
John Blickhan
AC
08-19 (IEPA No. 23-08-AC).
2.
The AC issued by IEPA failed to identify the location of the alleged "facility" that
constitutes an "open dump" other than a reference to the "Quincy/Blickhan Landfill."
3.
Attached to the AC was the January 15, 2008 Inspection Report of IEPA Official
Paul Eisenbrandt, which provided additional detail regarding the alleged violations of §21(p) of
the Illinois Environmental Protection Act ("Act") cited in the AC. The Inspection Report also
provided additional detail regarding the precise locations where IEPA Official Eisenbrandt
identified the alleged violations.
4.
As more fully identified and described in the Inspection Report of IEPA Official
Paul Eisenbrandt, the alleged violations of §21(p) of the Act were identified as occurring at six
separate residential properties located within a development known as "Blick's Village" located
at the common address of Slick's Village Court in Quincy, Illinois. Alternatively, the location of
the alleged violations were identified in the Eisenbrandt Inspection Report as having occurred on
property located immediately east of the residential property constituting Blick's Village and at a
location referred to as the "construction fill area."
5.
The Complainant states that the "Respondent has owned and operated said facility
at all times pertinent hereto." To the extent Complaint equates "said facility" with the locations
where Inspector Eisenbrandt observed the §21(p) alleged violations, Complainant's allegation is
false and denied.
6.
Section 108.206 of the Board's Regulations applicable to Administrative Citations
provides, in relevant part, "(A)
formal Petition to Contest must include any reasons why the AC
recipient believes the AC was improperly issued, including: (b) The AC recipient did not cause or
allow the alleged violations; and (d) the alleged violation was a result of uncontrollable
circumstances."
(35 Ill. Admin. Code §108.206(a)(b)).
7.
C. John Blickhan, the Respondent and recipient of the Complainant's AC, did not
cause or allow the alleged violations as stated in the AC filed by IEPA. While the Respondent
owns certain property identified as "Blick's Village," he has lawfully transferred possession and
control of those properties pursuant to written and oral lease agreements. To the extent the
alleged violations were observed at the locations identified by IEPA Official Paul Eisenbrandt,
the Respondent is not liable for those violations because he did not cause or allow the alleged
violations. Alternatively, conditions observed at the "construction fill area" identified in the
Inspection Report prepared by IEPA Official Eisenbrandt do not constitute violations of §21(p)
of the Act.
8.
Therefore, the AC was improperly issued to Respondent C. John Blickhan.
9.
Further, on information and belief, the Respondent did not cause or allow the
alleged violations of §21(p) which, if such violations occurred as alleged, was a result of
uncontrollable circumstances pursuant to 35 Ill. Admin. Code §108.206(b) and (d).
WHEREFORE, Respondent C. JOHN BLICKHAN, requests that the Illinois Pollution
Control Board enter an Order dismissing the Administrative Citation as improperly issued
pursuant to §31.1 of the Act and implementing regulations, and denying the civil penalties and
any other relief sought therein.
Dated: March
20, 2008
Respectfully submitted,
C. JOHN BLICKHAN,
Respondent
Jon S. Faletto
Hinshaw & Culbertson LLP
416 Main Street, 6th Floor
Peoria, IL 61602
309-674-1025
This document utilized 100% recycled paper products.