1. NOTICE OF FILING
    2. PROOF OF SERVICE
    3. MOTION TO DISMISS
      1. NAME(S) & ADDRESS(ES) OF INCORPORATOR(S)
      2. FEE SCHEDULE
      3. CERTIFICATE OF SERVICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF
ILLINOIS,
LISA MADIGAN, Attorney General of
the
State of Illinois,
Complainant,
vs
RANDY OLDENBERGER,
d/b/a
ENVIRONMENTAL HEALTH
& SAFETY,
Respondent.
)
)
)
)
)
)
RECEIVED
CLERK’S OFFICE
OCT
18
2004
STATE OF ILLINOIS
Pollution Control Board
)
PCB
No.
05-51
)
)
)
)
)
)
(Enforcement-Air)
NOTICE OF FILING
TO:
Zemeheret Bereket-AB
Assistant Attorney General
Environmental
Bureau
188 W.
Randolph St.,
20th
FIr.
Chicago,
IL 60601
Bradley
P. Halloran
Hearing Officer
Illinois Pollution Control
Board
James
R.
Thompson Center, Suite 11-500
100W.
Randolph Street
Chicago,
IL 60601
PLEASE TAKE NOTICE that
I
have today filed with
the
Office of the Clerk of the
Illinois Pollution
Control Board a
Motion,
Notice of Filing, and a Certificate of Service
on
behalf of Randy Oldenberger d/b/a Environmental
Health and Safety,
a copy of which
is
attached and herewith served
upon you.
Dated:
October 14, 2004
Respecifully submitted,
RANDY OLDENBERGER d/b/a
ENVIRONMENTAL HEALTH and SAFETY
BY:
SCHLUETER
CK
UND
BRYA~~
SELANDER,
one
of
its
attorneys
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFHC~
PEOPLE
OF THE
STATE OF ILLINOIS,
)
OCT
18
200’t
LISA MADIGAN, Attorney General of
)
STATE OF
ILLUC’~
the
State of Illinois,
)
pollution Con~rOi
bo~f(
)
Complainant,
)
)
vs
)
PCB No. 05-5
1
)
)
(Enforcement-Air)
RANDY OLDENBERGER, d/b/a
)
ENVIRONMENTAL HEALTH &SAFETY,
)
)
Respondent.
)
APPEARANCE
OFATTORNEY
BRYAN G.
SELANDER ofthe law firmSCHLUETERECKLUND, herebyenters his
appearance
for the
Defendent, RANDY
OLDENBERGER,
d/b/a
ENVIRONMENTAL
HEALTH and SAFETY.
By:
SCHLUETER ECKLUND
By:
______
Brya~~SeIander
BRYAN G. SELANDER#316
Schlueter Ecklund
4023 Charles Street
Rockford, IL 61108
815-229-5333
STATEOF ILLINOIS
)
COUNTYOFWINNEBAGO
)SS.
)
PROOF OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was
served upon:
Zemeheret Bereket-AB
Assistant Attorney General
Environmental Bureau
188W. Randolph St.,
20th
Fir.
Chicago, IL 60601
Bradley
P. Halloran
Hearing Officer
Illinois
Pollution
Control Board
James
R.
Thompson Center, Suite
11-500
100 W.
Randolph Street
Chicago, IL 60601
of
record
to the above cause, by enclosing same
in an envelope addressed to such at his
business address
as set forth
above,
with
postage fully
prepaid
and
by depositing said
envelope(s) in
the
U.S.
Mail at Rockiord,
Illinois, at or about the hour of 5:00 p.m.
on the
~1-~j
day of October, 2004.
Subscrib
çl,and sworn to before
me this
t(
day of October, 2004.
Notàiy’Póbiic’
“OFFICIAL
SEAL”
FRAN
MEYER
N~thry
Pubic
State of
iil~aI~
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
OCT
182004
PEOPLE OF THE STATE OF
ILLINOIS,
STATE OF
ILLINOIS
LISA MADIGAN, Attorney General of
)
Pollution Control Board
the
State of Illinois,
)
)
Complainant,
)
)
vs
)
PCB No. 05-51
)
)
(Enforcement-Air)
RANDY OLDENBERGER, d/b/a
)
ENVIRONMENTAL HEALTH
& SAFETY,
)
)
Respondent.
MOTION
TO DISMISS
NOW COMES the Respondent, RANDY OLDENBERGERd/b/a ENVIRONMENTAL
HEALTH & SAFETY, by his attorney, BRYAN G. SELANDER, of SCHLUETER ECKLUND
and
moves for
an Order dismissing the Complaint against RANDY OLDENBERGER for
the following
reasons:
1.
Defendant, RANDYOLDENBERGER, is an individual residing in Winnebago
County, Illinois.
2.
All work complained of in the
pending Complaint was performed by
Environmental
Health
&
Safety
Services,
Inc.,
an
Illinois
corporation
which
was
incorporated November 22,
1997, a copy of which Articles of Incorporation are attached
hereto and made a part hereof.
3.
The corporation’s registered agent left the
private practice of law and
inadvertently the corporation failed to file annual franchise tax reports.
4.
The corporation was reinstated by the Illinois Secretary ofState on August
27, 2004,
prior to the filing of this Complaint,
a copy of which
reinstatement is attached
hereto and made a part hereof.
WHEREFORE,
Respondent, RANDY OLDENBERGER,
respectfully requests that
the Board dismiss the Complaint filed against him as an individual and for such other and
further relief as the
Board deems appropriate and just.
RANDY OLDENBERGER
By:
SCHLUETERECK
ND
BI~YA/G.SELANDER, one of
its attorneys
Bryan G. Selander #316
SCHLUETER ECKLUND
4023
Charles Street
Rockford,
IL 61108
(815)
229-5333
File
Number
~i11~h~rias,
5967-869-8
~*tatL~
of ~t11inotz
enic~
of
~
~r~tar~
of~tati~
ARTICLES OF INCORPORATION OF
ENVIRONMENTAL
HEALTH
& SAFETY SERVICES,
INC
INCORPORATED
UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN
FILED IN THE OFFICE
OF THE SECRETARY
OF STATE AS PROVIDED
BY THE
BUSINESS CORPORATION ACT OF ILLINOIS,
IN FORCE
flJLY
1,
A.D.
1984.
Now
Therefore,
1,
George
H.
Ryan,
Secretary
of
State
of the
State
of
Illinois,
by
virtue
of
the
powers
vested
in
me
by
law,
do
hereby
issue
this
certificate
and
attach
hereto
a
copy
of
the
Application
of
the
aforesaid
corporation.
Bn
~~stinion!1
~øI3hcr~of,
I
hereto
set
my
hand
and
cause
to
be
affixed
the
Great
Seal
of
the
State
of
Illinois,
at
the
City
of
Springfield,
this
25TH
day
of
NOVEMBER
A.D.
19
~
and
of
the
Independence
of
the
United
States
the
two
hundred
and
22ND
Secretary
of State
C-2 12.2
BCA-2.1 0
ARTICLES
OF INCORPORATION
(Rev. Jan. 1995)
George H.
Ryan
Secretary
of State
Department of Business Services
Springfield,
IL
62756
~
Th
•
is
space for use by Secretary
of State
F ~L
E
D
NOV
2
5
1~9T
GEORGE H. RYAN
SECRETARY OF STATE
This space for
use
by
Secretary of State
Date
(i-)5--~i7
Franchise Tax
$
Filing Fee
$
Approved:
Payment must be made
by certi-
tied
check,
cashier’s check,
Illi-
nois
attorney’s
check,
Illinois
C.P.A’s
check
or
money
order,
payable to “Secretary of State.”
SUBMIT
IN DUPLICATE!
1.
CORPORATE NAME:
ENvT1~ONM1~NTAL
HEALTh
&
SAFETY
SERVICES,
INC.
(The corporate name must contain the word “corporation”, “company,”
‘incorporated,” “limited” or an abbreviation thereof.)
2.
SThPHEN
A.
FREW
Initial
Registered Agent:
First Name
Middle Initial
Lastname
6072
Brynwood..Drive,
Suite 203
Initial Registered Office:
~~Eord
6111~treet
Winnebago
Suite ft
IL
City
Zip
Code
County
3.
Purpose or purposes for which the corporation is organized:
(If not sufficient space to cover this point, add
one or more sheets of this
size.)
To provide
services
in
environmental
hazard remediation,
contairnlent,
evaluation,
and
consulting
or
related
or
incidental
services.
4.
Paragraph
1: Authorized Shares,
Issued Shares and Consideration
Received:
Par Value
Class
per Share
Number of Shares
Proposed to
be Issued
Consideration to
be
Received Therefor
common
$
no
par
1,000,000
200,000
TOTAL
=
$~,ooo.oo
Paragraph2:Thepreferences, qualifications,
limitations, restrictions and special or relative rightsin respect of the shares
of each class are:
(If not sufficient space to cover this point, add one
or more sheets of this size.)
Form
Number of Shares
Authorized
(over)
5.
OPTIONAL:
(a)
(b)
Number of ~rectors constituting the initial board of directors of the corporation:
Names and
addresses of the
persons who are to serve as directors
until the first
annual meeting. of
shareholders or until their successors are elected and qualify:
Name
____________
Residential Address
City,
State,
ZIP
(a)
It is estimated that the value of all
property to
be
owned by the
corporation for the following year wherever located will be:
(b)
It is estimated that the value of the property to
be located within
the
State of Illinois during the following year will be:
(c)
It
is estirna~dthat
the
gross amount
of
business that
will
be
transacted by
the
corporation during the following year will be:
(d)
It
is estimated
that
the
gross
amount
of
business that will
be
transacted from places of business
in the State of Illinois during
the following year will
be:
$~
$
$
~
7.
OPTIONAL:
OTHER PROVISIONS
Attach
a
separate
sheet
of
this
size
for any
other
provision
to
be
included
in
the
Articles
of
Incorporation,
e.g.,
authorizing preemptive
rights, denying
cumulative voting,
regulating
internal
affairs, voting majority requirements, fixing a duration other than perpetual, etc.
NAME(S)
& ADDRESS(ES) OF INCORPORATOR(S)
The undersigned incorporator(s) hereby declare(s), under penalties of perjury, that the statements made in the foregoing
Articles
of Incori~oration
are true.
Address
~fl77
1~rvnwnod
Drive.
Suite
203
Street
Rockford,
IL
61114
City/Town
State
Zip Code
2.
Street
3.
City/Town
State
Zip Code
Street
(Type or Print Name)
City/Town
State
Zip Code
(Signatures must be in ~
on original document. Carbon copy, photocopy or rubber stamp signatures may only be
used on conformed copies.)
NOTE:
If a corporation acts as incoporator, the name of the corporation and the state of incorporation -shaH: be shon~and4he
execution
shall be
by its presid~
or vice president and verified by him, and attested by its secretary or assistant secretary.
FEE
SCHEDULE
•
The
initial
franchise
tax i~
ae~essedat
the rate of 15/100 of
1
percent
($1 .50 per $1 ,000)
on
the
paid-in capital
represented in this state,
with
a minimum of $25.
•
The filing fee is $75.
•
The minimum total due (franchise tax
+
filing fee) is
$100.
(Applies when the
Consideration to
be
Received as set forth in Item 4 does not
exceed $16,667)
•
The Department of Business Services
in Springfield will provide assistance in calculating the total fees if necessary.
Illinois Secretary
of State
Springfield,
IL 62756
Department of Business S*vices
Telephone (217)
782-9522 or 782-9523
6.
OPTIONAL:
Dated
,19
2.
Signature
1.
3.
(Type or Print Name)
Signature
C-i 62.18
FORM
BCA 12.45/1 3.60
(rev.
Dec.
2003)
APPLICATION FOR REINSTATEMENT
DOMESTIC/FOREIGN
CORPORATIONS
Business Corporation Act
Jesse White, Secretary of State
Department of Business Services
Springfield,
IL
62756
-
Foreign (217)
782-1837
Domestic (217)
785-5782
Domestic (217)
782-5797
www.cyberdriveillinois.com
Remit payment in
the
form of a cashier’s
check, certified check, money order
or an
Illinois
attorney’s or CPA’s check
payable to the Secretary of State.
FILED
AUG
27
2004
JESSEWHITE
SECRETARYOF STATE
~.__File
#_.~?_T~.~T8
Filing
Fee:
$200.00
Approved:
~çi~
L_—
—~-Submit
in duplicate
Type or Print clearly
in
black ink
Do not write above this line—
1.
(a)
Corporatename as of the date of issuance of the certificate of dissolution or revocation:
ENVIRONMENTAL HEALTH
& SAFETY SERVICES, INC.
____
(b)
Corporate name
if changed
(note
2):
(c)
If
a foreign
corporation
having
authority
under an
assumed
corporate
name
restriction,
the assumed
corporate name
(note
3):
2.
State of incorporation:
Illinois
3.
Date that the certificate of dissolution or revocation was issued:
04/01/03
4.
Name
and
address
of
the
Illinois
registered
agent
and
the
Illinois
registered
office,
upon
reinstatement:
NOTICE! Completion of item #4 does not constitute a registered agent or office change.
(note 4)
Registered Agent
Bryan G. Selander
First Name
Registered Office
4023 Charles Street
Number
Street
Rockford
IL
61107
Suite #
(A
P.O.
BOXALONEIS NOTACCEPTABLE)
Winnebago
City
ZIP
Code
County
5.
This application is accompanied by all delinquent report forms togetherwith the filing fees, franchise taxes,
license feeand penalties required.
(note
1)
6.
Theundersigned corporation hascausedthis application tobe signed by a duly authorized-officerwho affirms,
under penalties of perjury, thatthe facts stated herein are true. (All signatures must be in
BLACK INK.)
Randy Oldenburger,
President
ENVIRONMENTAL HEALTH
&
SAFETY,
INc.
(Exact
Name of Corporation)
Prepared by and return to:
Bryan G. Selander
4023 Charles Street
Rockford,
IL 61108
Middle Name
Last Name
(Any Authorized Officer’s
(Print name and title)
CERTIFICATE OF SERVICE
E
C
~
v
r=.~
CLERK’S OFFICE
OCT
18
2004
U ~
I, the undersigned,
certify that
I have served the
attached Motion,
and Certificate of Service via United States Postal certified mail upon:
Zemeheret Bereket-AB
Assistant
Attorney General
Environmental
Bureau
188W.
Randolph St.,
20th
FIr.
Chicago, IL 6060-1
Bradley P.
Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
1~~jj~
BRYA~.SELANDER
Schlueter Ecklund
4023 Charles Street
Rockford, IL 61108

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