AC

NOTICE

OF

APPEARANCE

I

NOW COMES

KINGERY

DURREE

WAKEMAN

& RYAN, ASSOC.,

by

PHILIP

M.

O’DONNELL, and

enters its

appearance in this

matter on

behalf

of

Respondents,

RICHARD A.

&

DAVID

J. KRUMHOLZ

d/b/a

KRUMHOLZ

BROTHERS

LANDSCAPING,

and requests

that

all notices,

pleadings

and

correspondence

be

directed to counsel

at

the

address

stated

herein.

PHILIP

M.

O’DONNELL #2183

KINGERY

DURREE

WAKEMAN

&

RYAN, ASSOC.

915

Commerce

Building

416

Main

Street

Peoria,

Illinois

61602

Telephone:

(309)

676-3612

Facsimile:

(309)

676-1329

RICHARD

A.

&

DAVID

J.

KRUMHOLZ

d/b/a KRUMHOLZ

BROTHERS

LANDSCAPING,

Respondents.

Thc

uncccd

PR

cc

OF

fmçjcQ

swmzs

aevd

Upon L)c

stthi

to€cfthw

cho

By:

LL&Ma

HndDsd

D

BEFORE THE ILLINOIS

POLLUTION

CONTROL

BOARD

CLERK’S

OFFICE

JUL

09

jg

ADMINISTRATIVE

CITATION

ILLINOIS

ENVIRONMENTAL

POllutIo

STATE

OILLNOjS

Cont,oi

board

PROTECTION

AGENCY,

)

Complainant,

V.

RICHARD

A. & DAVID

J. KRUMHOLZ

)

d/b/a

KRUMHOLZ

BROTHERS

)

LANDSCAPING,

Respondents.

)

)

(IEPA

No. 118-09-AC)

By

One

of Their Attorneys

1

mq

OØicowIe

---

BEFORE THE ILLINOIS

POLLUTION

CONTROL

ADMINISTRATIVE

CITATION

‘-

U

2QU9

ILLINOIS

ENVIRONMENTAL

)

llUt1On

STAToF

Control

ILLIN

PROTECTION AGENCY,

)

Complainant,

)

AC

0

v.

)

(IEPA No.

118-09-AC)

)

RICHARD A. & DAVID J. KRUMHOLZ

)

d/b/a

KRUMHOLZ

BROTHERS

LANDSCAPING,

Respondents.

RESPONDENTS’ PETITION

FOR REVIEW

NOW COME Respondents RICHARD A.

&

DAVID

J. KRUMHOLZ

d/b/a

KRUMHOLZ

BROTHERS LANDSCAPING

by

their

attorney, PHILIP

M.

O’DONNELL

of KINGERY DURREE

WAKEMAN & RYAN, ASSOC.,

and as

and

for their

Petition for Review filed pursuant

to §31.1(d) (2) of the Illinois

Environmental

Protection Act

(415

ILCS

5/3

1. 1(d)(2)

(2006)) and

state

as

follows:

1.

Respondents admit the allegations of Paragraph

One.

2.

Respondents deny the allegations

of

Paragraph Two.

3.

Respondents

deny

the

characterization

of their

property as “said

facility”

as

descried

in Paragraph Two,

but

admit that they

have owned

and

operated

the

property

located

at 2115 East

Wilkins Drive

in Peoria County

at

all

times

pertinent

hereto.

4.

Respondents admit that James

Jones of the

Environmental

1

---

Protection

Agency

inspected

their

property on

May

8, 2009.

Respondents

admit

a copy of his inspection

report

is

attached

to the

Administrative

Citation

and

made

a

part thereof

but deny the

characterizations

of

the

results

of said

inspection

as contained

in

the Jones’

report.

5.

Respondents admit

that on

June

8th

the E.P.A.

sent

the

Administrative

Citation

via

certified

mail to them,

but deny

the factual

allegations regarding

the violations

stated

in

the

Citation.

Violations

Respondents deny

they

committed

the

violations

as

alleged

in

the

Administrative

Citation

on

page

Two, and deny they

violated

the

Sections

21(p)

(1), (3), and (7) of

the Act.

Civil

Penalty

Respondents hereby

Petition

the Pollution Control

Board

for review

of

the

violations alleged

in the Administrative

Citation

herein,

and

deny they

should

be

subject to

the civil penalties

alleged in

pages two

and three

of

the

Citation.

Respondents file

this Petition for Review

pursuant

to §31.1

of the

Act, and

deny

they are liable

for the various statutory

penalties

alleged

in the

Administrative

Citation.

That the Respondents

request

a

review

and

re-hearing

for several

reasons.

Those reasons

include,

but

are not limited

to:

A.

The

facility in question

is not an

open

dump

operation.

The

facility in

question is a

landscaping

contractor’s

business;

2

---

B.

That

the

facility

in

question

has never

been operated

as

an

open

dump;

nor

is

it

being

operated

as

an open

dump,

nor

are there

any

intentions

to operate

said

facility

as

an

open

dump

and all

said

prior

activities

and

future

intentions

have

been

as aforesaid

in

(A);

C.

That

the

Respondents

have

not,

nor

have

they allowed

other

individuals,

to litter

the

facility

in

question

or

have

the

Respondents

willfully

or maliciously

allowed

open

burning

on

said property.

If any litter

collection

has

occurred,

it

has

been without

knowledge

or

permission

of the

Respondent;

D.

If

any

fire or burning

occurred,

it

was not

with

intention

to

violate

the

Act.

WHEREFORE,

Respondents,

RICHARD

A.

&

DAVID J.

KRUMHOLZ

d/b/a

KRUMHOLZ

BROTHERS

LANDSCAPING,

pursuant

to 415

ILCS

5/3

1.1

(2006),

respectfully

Petition

the Pollution

Patrol

Board

for review

of the

Administrative

Citation

filed

against

them

in this

cause,

and pray

the

Board

for

such

other

and

further

relief

as it

deems

just

and

proper.

RICHARD

A. &

DAVID J.

KRUMHOLZ

d/b/a

KRUMHOLZ

BROTHERS

LANDSCAPING,

Res ondents

By:__________________

PHILIP M.

O’DONNELL

One

of Their

Attorneys

KINGERY

DURREE

WAKEMAN

&

RYAN,

ASSOC.

915

Commerce

Building

416

Main Street

Peoria,

Illinois

61602

Telephone:

(309)

676-3612

Facsimile:

(309)

676-1329

3

---

Verification

Under

penalties as

provided by

law

pursuant to

Section 1-109

of

the

Code

of

Civil

Procedure,

the

undersigned

hereby

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

such

matters

the

undersigned hereby

certifies

as

aforesaid

that

he

verily

believes

the

same

to

be true.

RIC

ARD

A.

UM1LZ

Verification

Under

penalties

as

provided

by

law

pursuant

to

Section

1-109

of

the

Code

of

Civil

Procedure, the

undersigned

hereby

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

such

matters

th

dersigned

hereby

certifies as

aforesaid

that

he

verily

believes

t

t

ue.

DjhDJ.

R

MHOLZ

4

---

NOTICE

OF

FILING

PHILIP

M.

O’DONNELL

KINGERY

DURREE

WAKEMAN

&

RYAN,

ASSOC.

915 Commerce

Building

416

Main

Street

Peoria,

Illinois

61602

Telephone:

(309)

676-3612

Facsimile:

(309)

676-1329

NOW

COME

the

Respondents

RICHARD

A.

&

DAVID

J.

KRUMHOLZ

d/b/a

KRUMHOLZ

BROTHERS

LANDSCAPING

by

their

attorney,

PHILIP

M.

O’DONNELL

of

KINGERY

DURREE

WAKEMAN

&

RYAN,

ASSOC.,

and

hereby

file

this Notice

with

the

attached

document

with

the Pollution

Control

Board:

1.

Petition

for

Review

and

Certificate

for

Service

A

copy

of

this

Notice

was

served

upon

all

necessary

parties

by

U.S.

Mail

on

July

7,

2009.

RICHARD

A.

&

DAVID

J.

KRUMHOLZ

d/b/a

KRUMHOLZ

BROTHERS

LANDSCAPING,

Respondents

By:_______________________

One

of

Their

Attoirieys

5

---

I

CERTIFICATE

OF

SERVICE

To:

Ms.

Michelle

Ryan,

Assistant

Illinois

Pollution

Control

Board

Counsel

Illinois

Environmental

State

of

Illinois

Center

Protection

Agency

100

W.

Randolph,

Suite

11-500

1021

North

Grand

Avennue

Esate

Chicago,

IL

60601

P.O.

Box

19276

Springfield,

IL

62794-9276

The

undersigned

hereby

certifies

that

the

appropriate

copies

of

the

following documents,

along

with

a copy

of

this

Certificate,

was

served

upon

the

above

individuals,

in

the

above

cause

by

hand

delivery

or

by

sealing

a

copy

thereof

in

a postage prepaid

envelope

addressed

as

above

set

forth

and

deposited

in

the

U.S.

Mail

at

Peoria,

Illinois

on

the

day

of

JULY,

2009.

1.

Petition

for

Review.

RICHARD

A.

&

DAVID

J.

KRUMHOLZ

d/b/a

KRUMHOLZ

BROTHERS

LANDSCAPING,

Respondents7

By:_______

PHILIP M.

O’DONNELL

One

of

Their

Attorneys

KINGERY DURREE WAKEMAN

&

RYAN, ASSOC.

915

Commerce

Building

416

Main

Street

Peoria,

Illinois

61602

Telephone: (309)

676-3612

Facsimile:

(309)

676-1329

6