RECE1VE~
CLERKS OFFICE
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARD
JUN
162005
PEOPLE
OF
THE
STATE OF
ILLINOIS,
STATE OF ILUNOIS
pollutIOn ContrOl Boar
Complainant,
No.
04-7
(Enforcement
—
Air)
4832
S.
VINCENNES,
L.P.,
an Illinois
limited partnership,
and
BATTEAST
CONSTRUCTION COMPANY,
INC.,
An Indiana
corporation,
I
Respondents.
)
-
NOTICE
OF
FILING
To:
Paula
Becker Wheeler
Assistant
Attorney
General
Environmental
Bureau
188 W. Randolph
Street,
20th
F’loor
Chicago,
Illinois
60601
PLEASE TAKE NOTICE that we have today,
..?~UL~t
~
1~
,
2005,
filed
with the office of the Clerk
of the
Illinois
Pollution
Control Board an original
and
four copies of
our
Response
to Complainant’s
First
Recjuest for Admission
of Facts
to Respondent,
4832
S. Vincennes,
L.P., a copy of which is attached
herewith
and served upon you.
Respectfully submitted,
OLIVER)QIT~PURLOCK&
GREGORY V. MILLER,
/
ys for 483
Vincennes,
L.P.
CERTIFICATE
OF
SERVICE
We,
Oliver
M.
Spurlock
and Gregory
V. Miller, attorneys,
do certify that
we caused
to be served this
~day
of
__________,
2005,
the
Response
to
Complainant’s
First
Request
for
Admission
of
Facts
to
Respondent,
4832
5.
Vincennes,
L.P.,
to the persons
named
below by placing
the same
in overnight
mail with
U.P.S.
postage
prepaid,
at
9415
South
State
Street,
Chicago,
Illinois
60619.
Paula Becker
Wheeler
Assistant Attorney
General
188
W. Randolph,
20~
Floor
cbicagv,
JL
80801
Oliver M. Spurlock
Attorney at Law
9415
South State Street
Illinois
60619
Law
9415
South State Street
Chicago, Illinois
60619
(773) 660-4300
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARDJUN
162005
PEOPLE OF
THE
STATE OF
ILLINOIS,
STATE OF ILLINOIS
I
pollution Control Board
Complainant,
No. 04-7
(Enforcement
—
Air)
48325.
VINCENNES, L.P., an Illinois
limited partnership,
and BATTEAST
CONSTRUCTION COMPANY, INC.,
An Indiana corporation,
I
Respondents.
-
RESPONSE
TO COMPLAINANT’S FIRST REQUEST FOR AI)MISSION OF
FACTS TO RESPONDENT, 4832 S. VINCENNES. L.P.
NOW COMES, Respondent, 4832 S. Vincennes, L.P., by and through
their attorneys,
Oliver M.
Spurlock and Gregory V. Mifier, and responds to
Complainant’s First Request for Admission of Facts as follows:
Request No.
1
1.
Please admit that at all times relevant to the Complaint,
Respondent was and
is an Illinois limited partnership
organized and existing
under the laws of the State of Illinois and is in good standing.
Response:
Respondent admits the allegations of Requ.est No.
1.
Request
No.
2
2.
Please admit that at all times relevant to the Complaint,
Respondent
owned the property and building(s)
located at 4832
S. Vincennes,
Chicago, Illinois and retained Batteast Construction
Company, Inc., as its
general
contractor to renovate the site.
Response:
Respondent admits the allegations of Request No. 2.
Request No.
3
3.
Please admit that Respondent knew before January
1,
2002, that
suspect
asbestos containing material
(“ACM”) was present in the basement area
of the site.
Response:
Respondent denies the allegations of Request No. 3.
Request No.
4
4.
Please admit that Respondent did not discontinue the work on the
renovation at the site after January
1,
2002
until February 5,
2002.
Response:
Respondent admits the allegations ofRequest No. 4.
Request No.
5
5.
Please admit that on January 31, 2002, dry, friable suspect
ACM
was found on the pipes and floor of the basement at the site.
Response:
Respondent denies the allegations ofRequest No. 5.
-
Request No.
6
6.
Please admit that Respondent refused to instruct the contractor or
its agents or employees to stop work on January
31,
2003 when requested to
do so by the Illinois EPA.
Response:
Respondent denies the allegations ofRequest No. 6.
Request No.
7
7.
Please admit that on January 31,
2002, several workers were
present at the site doing work on or around the first floor,
and that some doors
and windows were
open.
Response:
Respondent lacks sufficient knowledge to answer this question.
Request No.
8
8.
Please admit that from January
1, 2002 until January 31, 2002,
workers were present at the site without wearing personal protective
equipment and were working without utilizing any emission control
procedures.
Response:
Respondent admits the allegations of Request No.
8.
Request No.
9
9.
Please admit that Respondent failed to conduct a thorough
inspection of the site for the presence and location of asbestos before starting
renovation activities at the site.
Response:
Respondent denies the allegations ofRequest No. 9.
Request No.
10
10.
Please admit that Respondent failed to remove all regulated ACM
from the site before beginning renovation activities that would break up,
dislodge or similarly disturb the material.
Response:
Respondent lacks sufficient knowledge to answer this question.
Request
No.
11
11.
Please admit that Respondent failed to adequately wet all the
regulated
ACM and keep it wet until collected and contained in preparation for
disposal.
Response:
Respondent lacks sufficient knowledge to answer this question.
Request No.
12
12.
Please admit that Respondent failed to adequately wet all the
regulated ACM and keep it wet until treated in preparation for disposal.
Response:
Respondent lacks sufficient knowledge to answer this question.
Respectfully submitted,
