BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 09-14
v.
)
)
)
(IEPA No. 214-08-AC)
REYNOLDS SERVICE CO., INC.,
)
Respondent.
)
)
NOTICE OF FILING
To: Thomas J. Immel
Feldman, Wasser, Draper & Cox
1307 S. Seventh St.
P.O. Box 2418
Springfield, IL 62705
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 RESPONSE
TO MOTION TO CLARIFY RECORD.
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: November 17, 2008
Elecronic Filing - Received, Clerk's Office, November 17, 2008
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 09-14
v.
)
)
)
(IEPA No. 214-08-AC)
REYNOLDS SERVICE CO., INC.,
)
Respondent.
)
)
RESPONSE TO MOTION TO CLARIFY RECORD
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 101.500(d), and in response to Respondent’s Motion To Clarify Record
respectfully states as follows:
(1)
On September 9, 2008, Illinois EPA issued an Administrative Citation to
Respondent, Reynolds Service, Co., Inc., which was filed with the Pollution Control Board
(“Board”) on the same date and logged on the Clerk’s Office OnLine (“COOL”) on September 11,
2008.
(2)
The proof of service filed with the Board on September 25, 2008 indicates that the
service date on Respondent was September 11, 2008, the same date that the Board received its file
copy.
(3)
Illinois EPA sends all Administrative Citations to the Respondent(s) and the Board at
the same time, via certified mail, in the regular course of its business.
(4)
In the instant case, Illinois EPA made a photocopy of both of the return receipt cards
onto a single page prior to mailing. A copy of this photocopy is attached as Exhibit 1. The card
Elecronic Filing - Received, Clerk's Office, November 17, 2008
2
addressed to the Board is marked toward the center with “Reynolds AC 214-08,” which is Illinois
EPA’s file number for the instant case.
(5)
The same return receipt was received from the Board with an indicated service date
of September 11, 2008 (Exhibit 2).
(6)
Likewise, the return receipt addressed to Respondent as copied in Exhibit 1 was
returned to Illinois EPA with an indicated service date of September 11, 2008 (Exhibit 3). The same
certified number appears on both copies (#7004 2510 0001 8618 9101).
(7)
Illinois EPA mailed a copy of the return receipt from Respondent to the Board on
September 22, 2008.
(8)
Respondent claims in its motion that “Respondent has received multiple documents
from the offices of Complainant via certified mail on various dates and that the instant Citation was
actually received by Respondent on September 29, 2008,
not
September 11…” (emphasis original).
In its motion, Respondent offers no affidavit, certification, or other evidence to support this
statement.
(9)
Illinois EPA can neither confirm nor deny that one of the “offices of Complainant”
may have sent additional material to Respondent “via certified mail on various dates.” However,
Illinois EPA can confirm that the Administrative Citation filed in the instant case is the only
document related to
this
case that has been sent via certified mail.
(10)
The only other document sent to Respondent regarding this case was the proof of
service, sent via U.S. mail on September 22, 2008, which clearly indicated the Petition for Review
deadline of October 16, 2008.
(11) Respondent’s Petition for Review was not filed until October 30, 2008, and was
therefore untimely. In addition, it does not contain any reason why the Respondent believes the
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Administrative Citation was improperly issued, as required by 35 Ill. Adm. Code 108.206, and is
therefore deficient in substance as well.
(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 deny Respondent’s Motion to Clarify
Record, and issue a default order against Respondent, Reynolds Service, Co., Inc.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: November 17, 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
Elecronic Filing - Received, Clerk's Office, November 17, 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
RESPONSE TO MOTION TO CLARIFY RECORD 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: November 17, 2008
1
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Elecronic Filing - Received, Clerk's Office, November 17, 2008
PROOF OF SERVICE
I hereby certify that I did on the 17
th
day of November, 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 RESPONSE TO MOTION TO CLARIFY RECORD
To: Thomas J. Immel
Feldman, Wasser, Draper & Cox
1307 S. Seventh St.
P.O. Box 2418
Springfield, IL 62705
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
Elecronic Filing - Received, Clerk's Office, November 17, 2008
