BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
RANDY GRANT
DONALD GRANT
PAfRIC1A WALLACE
Complainants,
v.
MACH MINING LLC
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
ANSWER
PCB 2007-145
NOW COMES Respondent CLINE RESOURCE AND DEVELOPMENT COMPANY,
by and through its attorneys, Sorling, Northrup, Hanna, Cullen
&
Cochran, Ltd., Charles J.
Northrup, of counsel, and hereby answers the Complaint in the above captioned matter.
l.
Introduetion
The Complaint filed in this matter is a form Complaint provided to Complainants by the
Illinois Pollution Control Board. In certain respects the Complaint form and the manner in
which it was completed does not facilitate the specific admission or denial
of facts required by an
Answer. Although Respondent will Answer each
of the numbered items in the Complaint, it
must be made clear from the outset that Respondent specifically denies all allegations
of
violations.
In addition, while the Board has identified Cline Resource and Development Company
("Cline") as a Respondent, it appears that the Complaint filed by Complainants does not
specifically name Cline as a Respondent. While Cline reserves the right to file a Motion
{S0551944.2
8J16/2Q07
CJN CJN}
Printed on Recycled Paper
Electronic Filing, Received, Clerk's Office, August 16, 2007
excluding them from this matter at the appropriate time, it does file an Answer to in this matter
out
of an over abundance of caution.
n.
Answer
1.
Respondent neither admits nor denies the information set out at numbered item I
as it has insufficient knowledge to form a belief as to accuracy.
2.
Respondent neither admits nor denies the information set out at numbered item 2
as it has insufficient knowledge to form a belief as to accuracy.
3.
Respondent admits that numbered item 3 sets out the correct address
of Mach
Mining LLC.
4.
Respondent admits that numbered item 4 sets out the type
of business and activity
of Respondent Mach Mining.
5.
Respondent denies that it has violated those sections
of the Illinois Environmental
Protection Act and associated administrative rules set out at numbered item 5.
6.
Respondent denies the factual allegations
of the "type of pollution" set out in
numbered item 6.
7.
Respondent denies the factual allegations
of the "duration and frequency of the
alleged pollution" set out in numbered item 7.
8.
Respondent denies the factual allegations
of "bad effects" of the alleged pollution
set out in numbered item 8.
9.
Respondent denies the need for any "relief" sought by Complainant's as set out in
numbered item 9.
10.
Respondent neither admits nor denies the information set out at numbered item
10 as it has insufficient knowledge to form a belief as to accuracy.
{S0551944,2 8/16IJ007 CJIII CJN}
2
Printed on Recycled Paper
Electronic Filing, Received, Clerk's Office, August 16, 2007
II,
Respondent neither admits nor denies the information set out at numbered item II
as it has insufficient knowledge to form a belief as to accuracy,
12,
(Numbered item 12 is blank and therefore Respondent makes no Answer as to it.)
Ill.
AFFIRMATIVE DEFENSES
As Respondent's investigation into this matter proceeds it may identify affirmative
defenses, Consistent with Board Rule 103,204(d), as affirmative defenses are identified they will
be set out in a supplemental Answer prior to hearing, Accordingly, Respondent expressly does
not waive any available affirmative defenses
it
may now, or in the future, have,
Respectfully submitted,
CLINE RESOURCE AND DEVELOPMENT
COMPANY
__
,~,~~~--?_~,,"-'-:;2:'''~''''7
.e_ •• ,,-.--";? _. __
#"?._"_'~
__
One of their
attorney~
,
Sorling, Northrup, Hanna,
Cullen
&
Cochran. Ltd,
Charles
J,
Northrup, of Counsel
Suite 800 1llinois Building
P,O, Box 5131
Springfield, IL 62705
Telephone: (217) 544-1144
Facsimile: (217) 522-3173
(S055/944.2 81/6/2007 CJN CJN)
3
Printed on Recycled Paper
Electronic Filing, Received, Clerk's Office, August 16, 2007
PROOF OF SERVICE
The undersigned hereby certifies that a copy
of Respondent's Answer to Complaint was
served by U,S, mail addressed:
Ms, Patricia Wallace
17235 Liberty School Road
Marion, IL 62959
Mr. Randy Grant
17235 Liberty School Road
Marion, IL 62959
Mr. Donald Grant
17712 Dean Road
Johnston City, IL 62951
with all postage prepaid on the
{S055/944.2 8/16/2007 ('.IN C.'JN)
16 d-
day of
---f--c.~----"----'
2007,
4
Printed on Recycled Paper
Electronic Filing, Received, Clerk's Office, August 16, 2007
