BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
vs.
THOMAS P. MATHEWS, an individual,
Respondent.
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PCB 07.133
Enforcement-Water
NOTICE OF ELECTRONIC FILING
To:
Andrew Armstrong
Assistant Attorney General
Environmental Bureau
69 West Washington St., Suite 1800
Chicago, IL 60602
PLEASE TAKE NOTICE that on the
~day
of February, 2008, I filed with the Clerk of the
Illinois Pollution Control Board a Response to Complainant'sFirst Request for Admission
of Facts and
Genuineness
of Documents, a copy of which is attached hereto and is hereby served upon you.
CAMPION,CU
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By:
J
PROOF OF SERVICE
AMB,P.C.
I, the undersigned, on oath state, that I served the foregoing Notice of Filing and Response to
Complainant'sFirst Request for Admission
of Facts and
Genuinenessf~Documents
by mailing a true
copy to the address shown above with proper postage prepaid this
J,d:!I2
day of February, 2008.
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)1JMri
SUBSCRIBED and SWORN to before me
t .
d
of bruary, 2008.
CAMPION, CURRAN, DUNLOP
&
LAMB, P.e.
Attorney for Respondent
8600 U,S. Highway 14, Suite
201
Crystal Lake, IL 60012
(815) 459-8440
"OFFICIAL SEAL"
PAULA P. CAMPBELL
Notary Public, State
o;~;~~~~010
My
CommIssIon Exprres
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Electronic Filing - Received, Clerk's Office, February 12, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE
OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
vs.
THOMAS P. MATHEWS, an individual,
Respondent.
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)
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)
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PCB 07-133
Enforcement-Water
RESPONSE TO COMPLAINANT'S FIRST REQUEST
FOR ADMISSION OF FACTS AND GENUINENESS OF DOCUMENTS
NOW COMES
the Respondent, THOMAS P. MATHEWS, by and through his
attorneys, CAMPION, CURRAN, DUNLOP
&
LAMB, P.C., and in response to Complainant's
First Request for Admission
of Facts and Genuineness of Documents states as follows:
Fact
No.1:
Admit that soil is solid matter.
Response:
Admits, assuming Respondent's understanding
of solid matter.
Fact
No.2:
Admit that stone is solid matter.
Response:
Admits, assuming Respondent's understanding
of solid matter.
Fact
No.3:
Admit that Respondent has owned the Site from at least April 22, 2005 through
the present.
Response:
Admits.
Fact No.4:
Admit that Respondent has exercised control over the Site from at least April 22,
2005 through the present.
Response:
Admits.
Fact
No.5:
Admit that there were one or more piles of soil, stone, and/or fill materials on the
Electronic Filing - Received, Clerk's Office, February 12, 2008
Fact No. 9:
Fact No.
8:
Fact No. 6:
Fact No. 7:
Response:
Response:
Response:
Response:
Site on April 22, 2005.
Admits that there were one
or more piles of soil and stone on portions of the Site,
but denies that it was on all portions
of the Site.
Admit that there were one or more piles
of soil, stone, and/or other fill materials
on the Site from April 22, 2005 to April 27, 2005.
Admits that there were one or more piles
of soil and stone on portions of the Site,
but denies that it was
on all portions of the Site.
Admit that there were one or more piles
of soil, stone, and/or other fill materials
on the Site on April 27, 2005.
Admits that there were one or more piles
of soil and stone on portions ofthe Site,
but denies that it was on all portions
of the Site.
Admit that there were one or more piles
of soil, stone, and/or other fill materials
on the Site from April 27, 2005 to May 5,2005.
Admits that there were one or more piles of soil and stone on portions ofthe Site,
but denies that it was on all portions
ofthe Site.
Admit that there were one or more piles
of soil, stone, and/or other fill materials
on the Site on May
5,2005
Response:
Admits that there were one or more piles of soil and stone on portions of the Site,
but denies that it was
on all portions of the Site.
Fact
No.1 0: Admit that there were one or more piles of soil, stone, and/or other fill materials
Response:
on the Site from May 5, 2005 to July 28, 2005.
Admits that there were one or more piles
of soil and stone on portions of the Site,
2
Electronic Filing - Received, Clerk's Office, February 12, 2008
but denies that it was on all portions of the Site.
Fact No.
11: Admit that there were one or more piles of soil, stone, and/or other fill materials
on the Site on July 28,2005.
Response:
Admits that there were one or more piles
of soil and stone on portions of the Site,
but denies that it was on all portions
of the Site.
Fact No.
12: Admit that there were one or more piles of soil, stone, and/or other fill materials
on the Site from July 28, 2005
to August 5, 2006.
Response:
Admits that there were one or more piles
of soil and stone on portions of the Site,
but denies that it was on all portions
of the Site.
Fact No.
13: Admit that there were one or more piles of soil, stone, and/or other fill materials
on the Site on August
5, 2006.
Response:
Admits that there were one or more piles
of soil and stone on portions of the Site,
but denies that it was on all portions
of the Site.
Fact No.
14: Admit that there were one or more piles of soil, stone, and/or other fill materials
on the Site from August
5, 2006 to August 30, 2006.
Response:
Admits that there were one or more piles
of soil and stone on portions of the Site,
but denies that it was on all portions
of the Site.
Fact No.
15: Admit that there were one or more piles of soil, stone, and/or other fill materials
on the Site on August 30, 2006.
Response:
Admits that there were one or more piles
of soil and stone on portions ofthe Site,
but denies that it was on all portions
of the Site.
Fact No.
16: Admit that there were one or more piles of soil, stone, and/or other fill materials
3
Electronic Filing - Received, Clerk's Office, February 12, 2008
on the Site from August 30, 2006 to May 11, 2007.
Response:
Admits that there were one or more piles
of soil and stone on portions of the Site,
but denies that it was on all portions
ofthe Site.
Fact No.
17: Admit that there is a ditch situated immediately to the south of the Site.
Response:
Denies.
Fact No.
18: Admit that there is a ditch situated immediately to the south of the Site through
which water flows intermittently.
Response:
Denies.
Fact No. 19: Admit that there is a ditch situated immediately to the south of the Site through
which water flows intermittently in the direction
of Wonder Lake.
Response:
Denies.
Fact No. 20: Admit that there
is a storm ditch on the western edge of the Site.
Response:
Admits that there
is a storm ditch on the western edge of a portion of the Site.
Fact No. 21: Admit that there is a storm ditch on the western edge
of the Site through which
water flows intermittently.
Response:
Admits that there is a storm ditch on the western edge
of a portion of the Site
through which flows intermittently.
Fact No. 22: Admit that there
is a storm ditch on the western edge of the Site through which
water flows intermittently in the direction
of Wonder Lake.
Response:
Denies.
Fact No. 23: Admit that Exhibit A
is a genuine copy of a letter sent on July 8,2005 by
Respondent to Beverly Booker
of the Illinois EPA.
4
Electronic Filing - Received, Clerk's Office, February 12, 2008
Response:
Admits.
Fact No. 24: Admit that Exhibit B is a genuine copy
of a letter, and the attachments thereto,
sent by facsimile on December 21,2005 by Respondent to Jim Day
of the Illinois
EPA.
Response:
Admits.
Respectfully submitted:
Thomas
P. Mathews
.
By:
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t!!ti.4~
f() A
STATE OF ILLINOIS
)
) ss
COUNTY OF McHENRY
)
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 the foregoing Response to
Complainant'sFirst Request for Admission
of Facts and Genuineness of Documents are true and
correct, except as to matters therein stated to be on infonnation and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true.
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SUBSCRIBW and SWORN to before
me this
5
T
day of February, 2008.
OFFICIAL
SEAL
PEGGY
SPFEIFER
NOTARY PUBLIC.
STATE OF
ILLINOIS
MY COMMISSION EXPIfll!S:12119109
CAMPION, CURRAN, DUNLOP
&
LAMB, P.C.
Attorneys for Respondent
8600 U.S. Highway 14, Suite
201
Crystal Lake, IL 60012
815/459-8440
5
Electronic Filing - Received, Clerk's Office, February 12, 2008
