PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
V.
GENERAL WASTE SERVICES, INC .,
Respondent .
ANSWER OF RESPONDENT
Respondent, GENERAL WASTE SERVICES, INC ., by its attorney, Thomas J .
Immel, of Feldman, Wasser Draper and Benson, hereby Answers the
Complaint filed
in the instant cause, and states as follows :
1 .
Paragraph 1 of the Complaint makes no claim against the Respondent,
and no response is offered thereto .
2 .
Paragraph 2 of the Complaint makes no claim against the Respondent,
and no response is offered thereto .
3 .
Respondent admits the allegations of Paragraph 3 of the Complaint .
4 . Respondent admits the allegations of Paragraph 4 of the Complaint
.
5 . Respondent admits the allegations of Paragraph 5 of the Complaint .
6.
Respondent admits, in part, the allegations of Paragraph 6 of the
Complaint ; and, further answering, states that the ceiling material being removed by
FELDMAN, WASSER
DRAPER & BENSON
1307 S . Seventh St .
Post Office Box 2148
Springfield, IL 62705
217/544-3403
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
1
RE
CLE',13
CEIVED
OFFICE
PCB No . 07-45
FEB
I 2007
(Enforcement)
Pollution
STATE OF
Control
ILLINOISBoard
Printed on Recycled Paper
Respondent on August 4, 2005 did not contain asbestos, as confirmed by two (2)
samples of said ceiling material collected by the EPA Inspector on that date and tested
by EPA
. EPA reports that the test results were Negative for asbestos-containing
material ("ACM").
7 . Respondent denies the allegations of Paragraph 7 of the Complaint ; and
further answering states
: a) water was being used to wet all material being removed,
though the water supply was impaired from time to time due to electrical problems in
the vacant building not within the control of Respondent ; b) no material being removed
was ever dropped over a railing into a foyer area ; c) no "debris" on a stairway was
every sampled by EPA; and d) the sample collected by the EPA Inspector that did test
positive for ACM was collected from a stored drum of material previously removed
from another location in the building at a time and place remote from the area
inspected on August 4, 2005, at which time and place the EPA Inspector was not even
present.
8 .
Paragraph 8 of the Complaint makes no claim against the Respondent,
and no response is offered thereto .
9 .
Paragraph 9 of the Complaint makes no claim against the Respondent,
and no response is offered thereto .
10 . Paragraph 10 of the Complaint makes no claim against the Respondent,
and no response is offered thereto .
FELDMAN, WASSER
DRAPER & BENSON
1307 S . Seventh St .
Post Office Box 2148
Springfield, IL 62705
217/544-3403
2
Printed on Recycled Paper
11
.
Paragraph 11 of the Complaint makes no claim against the Respondent,
and no response is offered thereto
.
12.
Respondent admits the allegations of Paragraph 12 of the Complaint
.
13.
Respondent denies the allegations of Paragraph 13 of the Complaint
; and,
further answering, again notes that two samples collected by the EPA Inspector tested
negative for the presence of ACM
; and, further, the entire area referenced in the
Complaint was within a well constructed, negative air containment
.
14.
Respondent denies the allegations of Paragraph 14 of the Complaint
; and,
further answering, again notes that two samples of the specific material in question
were collected by the EPA Inspector tested negative for the presence of ACM
.
15 .
Respondent denies the allegations of Paragraph 15 of the Complaint
; and,
further answering, again notes that two samples of the specific material in question
were collected by the EPA Inspector tested negative for the presence of ACM
.
WHEREFORE, Respondent prays that the above entitled Complaint be
dismissed with prejudice, and that Respondent be awarded its costs
.
Respectfully submitted,
FELDMAN, WASSER
DRAPER & BENSON
1307 S . Seventh St .
Post Office Box 2148
Springfield, IL 62705
217/544-3403
By:
3
Thomas J
. Immel, Atty .Reg.#1301209
Printed on Recycled Paper
CERTIFICATE OF SERVICE
The undersigned of FELDMAN, WASSER, DRAPER & BENSON hereby
certifies that a copy of the foregoing Answer was served upon each of the addressees
hereinafter set forth by enclosing the same in an envelope plainly addressed to each of
the said addresses, with postage fully prepaid, and depositing same in a U .S. Mail Box
in Springfield, Illinois on this 7th day of February, 2007 :
Michael D
. Mankowski
IL Attorney General's Office
Environmental Bureau
500 S . 2nd Street
Springfield, IL 62706
and that the original and ten (10) copies were mailed by First Class Mail, with postage
fully prepaid, to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, IL 60601
217/544-3403
FELDMAN, WASSER
Printed on Recycled Paper
DRAPER & BENSON
1307
Post
SOffice
. Seventh
Box
St2148
.
4
Springfield, IL 62705
