| | - ANSWER TO AMENDED COMPLAINT
- COUNT I
- (Water Pollution Violations (May 24, 2004))
- COUNT II(Water Quality Violations (May 24, 2004))
- COUNT III(Water Pollution Violations (August 21, 2004))
- COUNT IV(Water Quality Violations (August 21, 2004))
- COUNT V(Water Pollution Violations (October 4, 2004))
- COUNT VI(Water Quality Violations (October 4, 2004))
- COUNT VIII
- (Water Quality Violations (May 31, 2004))
- COUNT IX
- (Water Pollution Violations (November 8, 2004))
- (Water Quality Violations (November 8, 2004))
- COUNT XI
- (Water Pollution Violations (December 2, 2004)
- (Water Quality Violations (December 2, 2004))
- PROOF OF SERVICE
|
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
)
JUN
136
2005
)
STATEOFILLINO~S
Complainant,
)
Pollution Control Soard
)
v.
)
PCB
05-66
)
PETCO PETROLEUM CORPORATION,
)
an Indiana Corporation,
)
)
Respondent.
)
ANSWER TO AMENDED COMPLAINT
NOW
COMES Respondent, PETCO
PETROLEUM
CORPORATION,
by
its
attorneys
Sorling, Northrup,
Hanna,
Cullen
&
Cochran, Ltd., Charles
J. Northrup, of counsel,
and
for its
Answer to
Complainant’s Amended Complaint states as follows:
COUNT I
(Water Pollution
Violations (May 24, 2004))
1.
Respondent neither admits nor denies the allegations set out in paragraph one and
further states it possesses insufficient knowledge to form a belief as to the allegations.
2.
Respondent admits the allegations set out in paragraph two.
3.
Respondent admits the allegations set
out in paragraph three.
4.
Respondent admits the allegations set
out in paragraph four.
5.
Respondent
admits
that
a
portion
of
Section
12
of the
Illinois
Environmental
protection Act (“Act”) is set out at paragraph five.
6.
Respondent admits that Section 3.165 of the Act is set out at paragraph six.
7.
Respondent admits that a portionof Section
3.395
ofthe Act is set out at paragraph
seven.
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8.
Respondent admits that Section
3.545.
ofthe Act is
set out at paragraph eight.
9.
Respondent admits that Section
3.5
50
ofthe Act~
is set out at paragraph nine.
10.
Respondent admits
that
Section
3 02.203
of the Illinois Pollution
Control Board’s
(“Board”) water pollution regulations is set out
atparagraph ten.
11.
Respondent admits that Section 3 02.208(g) oftheBoard’swaterpollution regulations
references a general use quality standard for chloride.
12.
Respondent admits that a portion of Section 304.105 of the Board’s water pollution
regulations is set out at paragraph twelve.
13.
Respondent admits that Section 304.106
ofthe Board’s water pollution.regulations
is
set out, at paragraph
13.
14.
.
Respondent admits
the allegations set out in paragraph
14.
15.
Respondent denies
the allegations set
out
in
paragraph
15
as
it calls for a
legal
conclusion.
16.
Respondent
denies the allegations
set out
in paragraph
16
as it calls
for a
legal
conclusion.
.
.
17.
Respondent denies
the
allegations set
out
in
paragraph
17
as it calls for
a legal
conclusion.
‘
,
18.
Respondent neither
admits nor denies the allegations set out
in paragraph
18 and
further states it possesses insufficient knowledge to form a belief as to
the allegations.
19.
Respondent denies the
allegations
set
out
in
paragraph
19
as it
calls for a
legal
conclusion.
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20.
Respondent
denies the
allegations
set
out in
paragraph
19
as it
calls
for a legal
conclusion.
21.
Respondent denies the
allegations
set
out
in
paragraph
19
as it calls
for a
legal
conclusion.
WHEREFORE
Respondent,
Petco Petroleum
Corporation, respectfully requests that this
Board deny all forms of Relief prayed for by the Complainant in Count I ofits
Complaint.
COUNT II
(Water Quality Violations
(May 24, 2004))
1-
20.
Respondent restates and incorporates hereinbyreference its Answers for paragraphs
1 through 20 ofCount I for its Answer to paragraphs
1 through 20 of this Count II.
21.
Respondent denies the
allegations set
out
in
paragraph
21
as it calls
for a legal
conclusion.
22.
Respondent
denies the
allegations
set
out
in paragraph
2,2
as it
calls
for a
legal
conclusion.
23.
Respondent denies the allegations
set ‘out
in
paragraph
23
as it calls
for a legal
conclusion.
24.
Respondent denies the
allegations set
out in paragraph
24
as it calls
for a
legal
conclusion.
WHEREFORE Respondent,
Petco Petroleum
Corporation, respectfully requests that this
Board deny all forms ofRelief prayed for by the Complainant in
Count II of its
Complaint.
COUNT III
(Water Pollution Violations (August 21, 2004))
1 -13.
Respondentrestates and incorporates hereinby reference its Answers for paragraphs
1
through
13
ofCount I for its Answer to
paragraphs one through
13
of this Count III.
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14.
Respondent admits that it reported a release as set out in paragraph 14.
Respondent
denies as vague the allegation that the release was caused by a “large” corrosion hole.
Respondent
further clarifies that the release occurred at the J.B. Tucker lease.
15.
Respondent
denies the
allegations set
out
in
paragraph
15
as
it
calls for a legal
conclusion.
16.
Respondent
denies the
allegations set
out
in
paragraph
16
as
it calls for
a legal
conclusion.
17.
Respondent denies the
allegations set
out
in
paragraph
17
as it
calls for a
legal
conclusion.
18.
Respondent neither admits
nor denies the allegations set out
in paragraph
18
and
further states itpossesses insufficient knowledge to form a belief as to the allegations.
19.
Respondent neither
admits
nor denies the allegations
set out in paragraph
19
and
further states it possesses insufficient knowledge
to form
a belief as to the allegations.
20.
Respondent denies
the allegations
set
out
in
paragraph 20
as it
calls for
a legal
conclusion.
21.
Respondent denies
the allegations
set
out
in
paragraph
21
as
it
calls for a
legal
conclusion.
‘
22.
Respondent denies the
allegations set
out
in
paragraph
21
as
it calls for a legal
conclusion.
WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this
Board deny all forms of Relief prayed for by the Complainant in Count III of its Complaint.
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COUNT IV
(Water Quality Violations (August 21, 2004))
1 -13.
Respondentrestates and incorporates hereinby referenceits Answersfor paragraphs
1 through
13
of Count I for its Answer to paragraphs one through 13 ofthis Count IV.
14-19.
Respondent restates and incorporates herein by referenceits Answersforparagraphs
14 through
19 of Count III for its Answer to paragraphs
14 through
19 ofthis Count IV.
20.
Respondent denies
the allegations
set
out
in paragraph
20
as it calls
for
a
legal
conclusion.
21.
Respondent denies
the
allegations set
out
in paragraph
21
as it calls
for
a
legal
conclusion.
22.
Respondent denies
the
allegations. set
out in
paragraph 22
as
it calls
for a legal
conclusion.
23.
Respondent denies the allegations set
out in paragraph
23
as it calls for
,a
legal
conclusion.
WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this
Board deny all forms ofRelief prayed for by the Complainant in Count IV of its Complaint.
COUNT V
(Water Pollution Violations (October 4,
2004))
1 -13.
Respondentrestates and incorporates hereinby reference its Answers for paragraphs
1 through
13
of Count I for its Answer to paragraphs 1 through
13 ofthis
Count V.
14.
Respondent admits the allegations set
out in paragraph
14.
15.
Respondent denies
the allegations
set
out
in paragraph
15
as it calls for
a
legal
conclusion.
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16.
Respondent
denies the allegations
set
out
in
paragraph
16
as it
calls for
a
legal
conclusion.
17.
Respondent
denies the allegations set
out
in
paragraph
17
as it
calls
for a
legal
conclusion.
18.
Respondent neither
admits nor denies the allegations set
out in paragraph
18
and
further states it possesses insufficient knowledge to form a belief as to the allegations.
19.
Respondent neither admits
nor denies the allegations set
out in paragraph
19
and
further states it possesses insufficient knowledge to form a belief as to
the allegations.
20.
Respondent denies the allegations set
out
in
paragraph 20
as it
calls
for a
legal
conclusion.
21.
Respondent denies the
allegations set
out
in
paragraph 21
as it
calls for a
legal
conclusion.
22.
Respondent denies the
allegations set
out
in
paragraph 22
as it
calls for a
legal
conclusion.
WHEREFORE Respondent,
Petco Petroleum Corporation, respectfully requests that
this
Board deny all forms of Relief prayed for by the Complainant in Count V of its Complaint.
COUNT VI
(Water Quality Violations (October 4, 2004))
1 -13.
Respondent restates and incorporates hereinby reference its Answersfor paragraphs
1 through
13
of Count I for its Answer to paragraphs
1
through
13
ofthis
Count VI.
14-19.
Respondent restates and incorporates herein by reference its Answers forparagraphs
14 through
19 of Count V for its Answer to
paragraphs
14 through
19 ofthis Count VI.
20.
Respondent denies the allegations
set
out
in
paragraph 20
as
it
calls for a legal
conclusion.
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21.
Respondent
denies
the allegations
set
out
in
paragraph
21
as
it calls
for
a legal
conclusion.
22.
Respondent denies the
allegations set
out
in
paragraph 22
as it calls
for a
legal
conclusion.
23.
Respondent
denies the allegations
set
out
in
paragraph
23
as it calls
for a
legal
conclusion.
WHEREFORE
Respondent,
Petco Petroleum
Corporation, respectfully requests
that this
Board deny all forms ofRelief prayed for by the Complainant in Count VI of its Complaint.
COUNT
VII
(Water Pollution Violations
(May 31,
2004))
1
-
13.
Respondent restates and incorporates herein by reference its Answers for paragraphs
one through
13 ofCount I for its Answers to paragraphs one through
13
of this Count VII.
14.
Respondent admits the allegations set out in paragraph 14, with the exception ofthat
portion of the allegation that refers to
the Ada Clow Sump
being located in
a “flood plain.”
This
term is vague and calls for a legal conclusion.
15.
Respondent denies the allegations
set
out
in
paragraph
15
as it calls
for a legal
conclusion.
16.
Respondent
denies the allegations
set
out
in
paragraph
16
as it calls
for a
legal
conclusion.
17.
Respondent
denies the allegations set
out
in
paragraph
17
as it calls
for
a
legal
conclusion.
18.
Respondent neither admits nor denies the allegations set
out
in paragraph
18
and
further states that it possesses insufficient knowledge to form a belief as to the allegations.
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19.
Respondent neither admits
nor denies the allegations set out in paragraph
19
and
further states that it possesses insufficient knowledge to
form a belief as to the allegations.
20.
Respondent denies
the allegations set
out
in
paragraph 20
as
it calls for a
legal
conclusion.
21.
Respondent denies the
allegations set
out
in paragraph
21
as
it calls
for a legal
conclusion.
22.
Respondent denies
the allegations set
out
in
paragraph 22
as it calls for a
legal
conclusion.
WHEREFORE Respondent,
Petco Petroleum
Corporation, respectfully requests that this
Board
deny
all
forms
of relief prayed
for by
the Complainant
in
Count
VII
of
its
Amended
Complaint.
COUNT VIII
(Water Quality Violations (May 31,
2004))
1
-
13.
Respondent restates and incorporates herein by reference its Answers for paragraphs
one through
13
of Count I for its Answers to
paragraphs one through
13
of’this Count VIII.
14 -19.Respondent restates and incorporates herein by reference its Answersfor paragraphs
14 through 19 of Count VII for its Answers to paragraphs
14 through
19
ofthis Count VIII.
20.
Respondent denies
the allegations set
out
in paragraph 20
as
it calls
for a
legal
conclusion.
21.
Respondent denies the
allegations set
out
in paragraph
21
as it calls
for a
legal
conclusion.
22.
Respondent denies the allegations
set
out
in
paragraph 22
as it
calls for a
legal
conclusion.
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.
WHEREFORE Respondent,
Petco Petroleum
Corporation, respectfully requests
that this
Board
deny
all
forms
of relief prayed
for
by
the
Complainant
in
Count
VII of its
Amended
Complaint.
COUNT IX
(Water Pollution Violations (November 8, 2004))
1
-
13.
Respondentrestates and incorporates hereinby referenceits Answers for paragraphs
one through
13
of Count I for its Answers to paragraphs one through
13
ofthis Count IX.
14.
Respondent denies the
allegations
set
out
in paragraph
14
as it calls for a
legal
conclusion.
15.
Respondent denies the allegations set
out
in paragraph
15
as it calls for a
legal
conclusion.
16.
Respondent admits
the allegations set ‘out in paragraph
16.
17.
Respondent neither admits
nor denies the allegations set
out in paragraph
17
and
further states that it possesses insufficient knowledge to
form a belief as to the allegations.
18.
Respondent neither
admits nor denies the allegations set out in paragraph
18
and
further states that it possesses insufficientknowledge to form a beliefas to the allegations.
19.
Respondent neither
admits nor denies the allegations set out in paragraph
19
and
further states that it possesses insufficient knowledge to form
a belief as to the allegations.
20.
Respondent denies
the allegations set
out
in
paragraph
20
as it calls
for
a
legal
conclusion.
21.
Respondent denies
the allegations
set
out
in paragraph
21
as it calls for a
legal
conclusion.
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WHEREFORE Respondent, Petco Petroleum
Corporation, respectfully requests
that this
Board deny all forms ofreliefprayed forby the Complainant in Count IX ofits Amended Complaint.
COUNT X
(Water Quality Violations (November 8, 2004))
1
-
13.
Respondent restates and incorporates herein by referenceitaAnswers for paragraphs
One through
13
ofCount
I’for its Answers to paragraphs one through
13 ofthis
Count X.
14 -18.Respondent restates and incorporates hereinby reference its Answers for paragraphs
14 through
18 of Count IX for its Answers to paragraphs
14 through
18 ofthis Count X.
19.
,
Respondent denies the allegations
set
out
in
paragraph
19
as it calls
for a
legal
conclusion.
20.
Respondent denies
the
allegations set
out
in paragraph
20
as
it
calls
for a
legal
conclusion.
21.
Respondent denies
the allegations set
out
in
paragraph
21
as
it
calls
for a
legal
conclusion.
WHEREFORE
Respondent,
Petco Petroleum Corporation, respectfully requests
that
this
Board deny all forms ofreliefprayed for by the Complainant in Count X ofits AmendedComplaint.
COUNT XI
(Water Pollution Violations (December 2, 2004)
1
-
13.
Respondentrestates and incorporates herein by reference it&Answers for paragraphs
one through
13
of Count I for its Answers to paragraphs one through
13
ofthis Count XI.
14.
Respondent admits the allegations set out in paragraph
14.
15.
Respondent
denies the
allegations set
out
in
paragraph
15
as it calls
for a
legal
conclusion.
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16.
Respondent
denies the allegations
set
out
in paragraph
16
as
it calls
for a legal
conclusion.
17.
Respondent
denies the
allegations
set
out
in paragraph
17
as
it calls
for a
legal
conclusion.
18.
Respondent neither admits
nor denies the allegations set out
in paragraph
18
and
further states that it possesses insufficient knowledge to
form a belief as to the allegations:
19.
Respondent denies the
allegations set
out
in paragraph
19
as it calls for a
legal
conclusion.
20.
Respondent
denies the
allegations set
out in
paragraph 20
as it calls
for a
legal
conclusion.
21;
Respondent
denies the allegations
set
out
in paragraph 21
as
it calls
for a
legal
conclusion.
WHEREFORE
Respondent,
Petco
Petroleum
Corporation, respectfully requests that this
Board deny all forms ofreliefprayed forby the Complainant in Gount XIofits Amended Complaint.
COUNT
XII
(Water Quality Violations (December 2,
2004))
1
-
13.
Respondent restates and incorporates herein by reference its Answers for paragraphs
one through
13 of Count I for its Answers to
paragraphs one through
13 ofthis
Count XII.
14 -l 8.Respondent restates and incorporates hereinby reference its Answers for paragraphs
14 through 18
of Count IX for its Answers to
paragraphs
14 through 18
ofthis Count XII.
19.
Respondent
denies the
allegations set
out
in
paragraph
19
as it calls
for a legal
conclusion.
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20.
Respondent
denies the
allegations set
out
in paragraph 20
as it
calls for a
legal
conclusion.
21.
Respondent denies
the allegations set
out
in
paragraph 21
as it calls
for a legal
.conclusion.
WHEREFORE Respondent, Petco
Petroleum Corporation, respectfully requests
that this
Board
deny
all
forms
of relief prayed
for by
the Complainant
in
Count
XII of its
Amended
Complaint.
COUNT
XIII
(Water Pollution Violations
(February 15,
2005))
1
-
13.
Respondentrestates and incorporates herein by reference its Answers for paragraphs
one through
13
of Count I for its Answers to paragraphs one through
13 ofthis Count XIII.
14.
Respondent admits the allegations set out in paragraph 14.
15.
Respondent denies
the allegations
set
out in
paragraph
15
as
it calls
for a
legal
conclusion.
16.
Respondent denies
the allegations set
out
in paragraph
16
as it calls for a
legal
conclusion.
17.’
Respondent neither admits
nor denies the allegations set
out in
paragraph
17 and
further states that it possesses insufficient knowledgeto form a belief as to the allegations.
18.
Respondent denies
the allegations set
out
in
paragraph
18
as it calls for
a legal
conclusion.
19.
Respondent denies the
allegations set
out
in
paragraph
19
as
it calls for a
legal
conclusion.
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20.
Respondent
denies the allegations
set
out
in
paragraph
20
as it calls
for a legal
conclusion.
WHEREFORE Respondent, Petco Petroleum
Corporation, respectfully requests
that this
Board
deny
all
forms of relief
prayed for by
the
Complainant
in
Count
XIII
of its
Amended
Complaint.
Respectfully submitted
PETCO PETROLEUM CORPORATION, Respondent
By:
~
One of Its Att~neys
Sorling, Northrup, Hanna,
Cullen & Cochran,’ Ltd.
Charles J. Northrup, of Counsel
Suite 800
Illinois Building
P.O. Box
5131
‘
Springfield, IL 62705
‘
Telephone: (217) 544-1144
Facsimile:
(217) 522-3173
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PROOF OF SERVICE
The undersigned
hereby certifies
that
an
original
and
ten
(10)
copies
of the
foregoing
document were served by Federal Express to:
Ms. Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph Street, Suite
11-500
Chicago,IL
60601
and one copy to:
Ms.
Carol Webb
Hearing Office
Illinois Pollution
Control Board
1021 North Grand Ave. East
Post Office Box
19276
Springfield,
IL 62794-9274
Thomas Davis, Chief
Environmental Bureau
Office ofthe Attorney General
500 South Second Street
Springfield,
IL 62706
and
by depositing
same in the United States
mail in
Springfield, Illinois,
on the ~
of June,
2005, with postage fully prepaid.
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