BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-31
v.
)
)
)
(IEPA No. 71-08-AC)
UPPER ROCK ISLAND COUNTY
LANDFILL, INC. and DAVE GEIER,
)
)
Respondents.
)
)
NOTICE OF FILING
To: Upper Rock Island County Landfill, Inc.
Attention: Dave Geier
17201 20
th
Avenue N
P.O. Box 159
East Moline, IL 61244
C T Corporation System
208 South LaSalle Street, Suite 814
Chicago, IL 60604
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled MOTION
FOR RECONSIDERATION.
Respectfully Submitted,
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: October 14, 2008
Electronic Filing - Received, Clerk's Office, October 14, 2008
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-31
v.
)
)
)
(IEPA No. 71-08-AC)
UPPER ROCK ISLAND COUNTY
LANDFILL, INC. and DAVE GEIER,
)
)
Respondents.
)
)
MOTION FOR RECONSIDERATION
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois
EPA”), by and through its attorney, Special Assistant Attorney General Michelle M. Ryan, pursuant
to 35 Ill. Adm. Code 101.520 and 101.902, and respectfully states as follows:
(1)
On May 29, 2008, Illinois EPA issued an Administrative Citation to Respondents,
Upper Rock Island County Landfill and Dave Geier, based on an inspection conducted on April 22,
2008. This Administrative Citation was uncontested.
(2)
The file stamp on the Illinois Pollution Control Board’s (“Board”) copy of the
Administrative Citation indicates that it was filed on June 3, 2008.
(3)
As indicated in the Certificate of Service attached to the original filing, Illinois EPA
sent Respondents their copies of the Administrative Citation via Certified Mail on May 29, 2008, the
same day as the Board’s copy was sent. The Certified Mail numbers used were 7004 2510 0001
8618 8210 and 7004 2510 0001 8618 8234, respectively.
(4)
Although Illinois EPA received a green card return receipt back from the Board,
neither of the green cards from the Respondents have ever been returned to Illinois EPA. A review
Electronic Filing - Received, Clerk's Office, October 14, 2008
2
of the electronic information available via internet indicates that neither of these two Certified Mail
numbers were recorded within the U.S. Postal Service system.
(5)
Illinois EPA personnel spoke via telephone with Respondent Dave Geier, who
indicated that he did receive the Administrative Citation in East Moline, which he believed he
received on Tuesday, June 3, 2008.
(6)
On or about June 9, 2008, Illinois EPA received payment in full for this
Administrative Citation from Respondents.
(7)
On September 4, 2008, the Board issued a final order, dismissing this case for the
delay in filing proof of service. This order was received by Illinois EPA on September 10, 2008.
(8)
Illinois EPA sincerely regrets any inconvenience to the Board caused by the delay in
filing proof of service in this case. Various issues internal to Illinois EPA contributed to the timing
of filing of this information, and measures have been taken to avoid this problem in the future.
(8)
Due to the failure of documentation within the U.S. Postal Service, Illinois EPA does
not have the traditional evidence regarding the date of service. However, both Respondent Dave
Geier’s recollection and the fact of payment prior to the 60-day deadline contained in 415 ILCS
5/31.1(b) both indicate that this Administrative Citation was timely served, at least at to David
Geier. Although Illinois EPA has no information as to the disposition of the Certified Mail package
sent to CT Corporation Systems as Registered Agent for Respondent Upper Rock Island County
Landfill, Inc., Illinois EPA notes that the package sent to Dave Geier was at the operating address
for Upper Rock Island County Landfill, Inc. Therefore, Illinois EPA submits that Respondent Upper
Rock Island County Landfill, Inc., had actual notice of the Administrative Citation and that the
Board has jurisdiction over all Respondents in this matter.
Electronic Filing - Received, Clerk's Office, October 14, 2008
(9)
Pursuant to 35 Ill. Adm. Code 108.406, as a non-contested Administrative Citation,
the Board should issue an order assessing penalties consistent with 35 Ill. Adm. Code 108.500(a)(1).
WHEREFORE, Illinois EPA requests that the Board reconsider its September 4, 2008 order
based on the new evidence herein contained, and issue a default order against Respondents Dave
Geier and Upper Rock Island County Landfill, Inc.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: October 14, 2008
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
3
Electronic Filing - Received, Clerk's Office, October 14, 2008
CERTIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument entitled MOTION
FOR RECONSIDERATION are true and correct, except as to matters therein stated to be on
information and belief and as to such matters the undersigned certifies as aforesaid that she verily
believes the same to be true.
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: October 14, 2008
1
Electronic Filing - Received, Clerk's Office, October 14, 2008
PROOF OF SERVICE
I hereby certify that I did on the 14
th
day of October, 2008, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy of
the following instrument(s) entitled MOTION FOR RECONSIDERATION
To: Upper Rock Island County Landfill, Inc.
Attention: Dave Geier
17201 20
th
Avenue N
P.O. Box 159
East Moline, IL 61244
C T Corporation System
208 South LaSalle Street, Suite 814
Chicago, IL 60604
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To: John Therriault, Acting Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, October 14, 2008
