BEFORE THE ILLINOIS POLLUTION CONTROL BOAF~E
CE IV ED
CLERKS OFFICE
PEOPLE
OF
THE STATE OF ILLINOIS,
)
OCT 2 ~
2005
Complainant,
))
Pollution
STATEOF
Control
ILLINOIS
Board
-vs-
)
)
No. PCB 05-181
PATTISON ASSOCIATES LLC, an
)
(Enforcement
—
Air)
Illinois limited liability company,
)
and
5701 SOUTH CALUMET LLC, an
Illinois limited liability company,
)
Respondents.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, October 24, 2005, filed with the
Office of the Clerk of the Illinois Pollution Control Board an original and fourteen (14)
copies of the attached Respondents’ Amended Requests for Admissions to Plaintiff, a
true and
correct copy of which is hereby served upon you.
DATED:
October 24, 2005
Respectfully submitted,
PATTISON ASSOCIATES, LLC and
5701 SOUTH CALUMET, LLC
B
____________________
One of Their Attorneys
Neal H. Weinfield, Esq.
Allyson L. Wilcox, Esq.
Bell, Boyd & Lloyd LLC
70 West Madison Street
Suite 3100
Chicago, IL 66(12
312.372.1121
408466/Eli
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKS OFFICE
PEOPLE OF THE STATE OF ILLINOIS
)
OCT 2
‘~
2005
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
)
vs
)
PATTISON ASSOCIATES LLC, an
)
No. PCB 05-181
Illinois limited liability company,
)
(Enforcement
—
Air)
and 5701 SOUTH CALUMET LLC, an
)
Illinois limited liability company,
)
Respondents.
)
RESPONDENTS’ AMENDED REQUESTS
FOR ADMISSIONS TO PLAINTIFF
NOW COME respondents, PATTISON ASSOCIATES LLC and 5701 SOUTH
CALUMET LLC, by their attorney, Neal H. Weinfield of the law finn Bell, Boyd & Lloyd LLC,
pursuant to the Illinois Pollution Control Board General Rules, Subpart E, Section 101.618,
hereby request that the plaintiff, PEOPLE OF THE STATE OF ILLINOIS (“State”), admit the
truth of the following facts within twenty-eight (28) days of service hereof Failure to respond to
the following requests to admit within 28 days may have severe consequences. Failure to
respond to the following requests will result in all the facts requested being deemed admitted as
true for this proceeding. If you have any questions about this procedure, you should contact the
hearing officer assigned to this proceeding or an attorney.
REQUESTS TO ADMIT
I.
Admit that October 15, 2003, was the first time that the Illinois Environmental Protection
Agency perforn~edan inspection of the subject apartment complex.
ANSWER:
2. Admit that the Illinois Environmental Protection Agency discovered alleged asbestos
containing material in only room of the basement at the subject site.
ANSWER:
3. Admit that the Illinois Environmental Protection Agency never witnessed Pattison
performing any renovation and/or demolition of any nature in the room where the
possible asbestos containing materials were discovered.
ANSWER:
4. Admit that the Illinois Environmental Protection Agency has no documentation (whether
written, photographic or otherwise) establishing that Pattison performed any renovation
and/or demolition of any nature in the room where the possible asbestos containing
materials was discovered.
ANSWER:
5. Admit that the Illinois Environmental Protection Agency has not received and is unaware
ofthe existence of any statements (oral or written) establishing that Pattison performed
any renovation and/or demolition of any nature in the room where the possible asbestos
containing materials were discovered.
-
ANSWER:
6. Admit that, prior to removal ofthe alleged asbestos containing material, the Illinois
Environmental Protection Agency did not conduct any air sampling and laboratory
analysis which established the presence of air-borne asbestos at the subject property.
408623/Eli
2
ANSWER:
7. Admit that, prior to removal ofthe alleged asbestos containing material, the Illinois
Environmental Protection Agency did not conduct any air sampling and laboratory
analysis which established the presence of air-borne asbestos at the subject property.
ANSWER:
8. Admit that the Illinois Environmental Protection Agency never observed any discharge or
emission of asbestos into the air at the subject site.
ANSWER:
9. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the existence of any statements (oral or written) which establishes that Pattison caused
the discharge or emission of asbestos into the air at the subject site.
ANSWER:
10. Admit that the Illinois Environmental Protection Agency did not witness Pattison
conducting any act that threatened the discharge or emission of asbestos into the air at the
subject site.
ANSWER:
II. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the existence of any statements (oral or written) establishing that Pattison threatened
the discharge or emission of asbestos mb the air at the subject site.
408623/ElI
3
ANSWER:
12. Admit that the Illinois Environmental Protection Agency never witnessed Pattison
allowing the discharge or emission of asbestos into the air at the subject site.
ANSWER:
13. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the existence of any statements (oral or written) establishing that Pattison allowed the
discharge or emission of asbestos into the air at the subject site.
ANSWER:
14, Admit that the Illinois Environmental Protection Agency has no laboratory, photographic
or other analytical documentation evidencing that Pattison allowed the discharge or
emission of asbestos into the air at the subject site.
ANSWER:
15. Admit that the Illinois Environmental Protection Agency never witnessed respondents
ever handling, in any manner, asbestos at the subject site at any time.
ANS WER:
16. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the existence ofany statements (oral or written) establishing that respondents ever
handled, in any manner, asbestos at the subject site at any time.
ANSWER:
402623/Eli
4
I?. Admit that the Illinois Environmental Protection Agency has no documentation
establishing that respondents knew, \vhen they purchased or worked at the subject site
that there was alleged asbestos containing material at the subject site.
ANSWER:
18. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the existence of any statements (oral or written) which establishes that respondents
kiiew, when they purchased or worked at the subject site that there was alleged asbestos
containing material at the subject site.
ANSWER:
19. Adniit that the Illinois Environmental Protection Agency has no documentation (whether
photographic, written or otherwise) establishing that respondents knew, when purchasing
or working at the subject site that there was alleged asbestos containing material at the
subject site.
ANSWER:
20. Admit that between March 25, 2003, and October 30, 2003, the Illinois Environmental
Protection Agency never witnessed respondents conducting renovation activities as
defined in the NESHAPs regulations at the subject site in the particular location where
alleged asbestos containing material was discovered.
ANSWER:
408623/E/i
5
21. Admit that between March 25, 2003, and October 30, 2003, the Illinois Environmental
Protection Agency has no documentation establishing that respondents conducted
renovation activities as defined in the NESHAPs regulations at the subject site in the
particular location where alleged asbestos containing material was discovered.
ANSWER:
22, Admit that between March 25, 2003, and October 30, 2003, the Illinois Environmental
Protection Agency has not received and is unaware of the existence of any statements
(oral or written) establishing that respondents conducted renovation activities as defined
in the NESHAPs regulations at the subject site in the particular location where alleged
asbestos was containing material discovered.
ANSWER:
23. Admit that the Illinois Environmental Protection Agency never witnessed respondents
performing any wrecking or removal of any load-supporting structural member at the
subject site in the particular location where the alleged asbestos containing material was
discovered.
ANSWER:
24. Admit that the Illinois Environmental Protection Agency has no documentation
establishing that respondents performed any wrecking or removal ofany load-supporting
structural member at the subject site in the partici ar location where the alleged asbestos
containing material was discovered.
408623/E/i
6
ANSWER:
25. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the existence of any statements (oral or written) establishing that respondents
performed any wrecking or removal of any load—supporting structural member at the
subject site in the partic~ilarlocation where the alleged asbestos containing material was
dliscovered,
ANSWER:
26. Admit that the Illinois Environmental Protection Agency never witnessed respondents
perfollnil1g any intentional burning at the subject site in the partic~mlarlocation where the
alleged asbestos containing material was discovered.
ANSWER:
27. Admit that the Illinois Environmental Protection Agency has no documentation
establishing that respondents performed any intentional burning at the subject site in the
particular location where the alleged asbestos containing material was discovered.
ANSWER:
28. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the
cx
istence of any statements (oral or written) establishing that respondents
perfornied any intentional burning at the subject site in the particular location where the
alleged asbestos containing material was discovered.
ANSWER:
408623/li/I
7
29. Admit that the Illinois Environmental Protection Agency never witnessed respondents
performing any alteration of the subject site in the particular areas where the alleged
asbestos containing material was discovered.
ANSWER:
30. Admit that the illinois Environmental Protection Agency has not received and is unaware
of the existence of any statements (oral or written) establishing that respondents
performed any alteration of the subject site in the particular areas where the alleged
asbestos containing material was discovered.
ANSWER:
31. Admit that the Illinois Environmental Protection Agency has not received and is unaware
of the existence of any documents establishing that respondents performed an)’ alteration
of the subject site in the particular areas where the alleged asbestos containing material
was discovered.
ANSWER:
32. Admit that that Illinois Environmental Protection Agency never witnessed respondents
stripping or removing any alleged asbestos containing material fi’om anywhere within the
subject site prior to October 30, 2003.
ANSWER:
4086231E/i
8
33. Admit that that Illinois Environmental Protection Agency has no documentation
establishing that respondents stripped or removed any possible asbestos containing
material from anywhere within the subject site prior to October 30, 2003.
ANSWER:
34. Admit that that Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
stripped or removed any possible asbestos containing material from anywhere within the
subject site prior to October 30, 2003.
ANSWER:
35. Admit that that Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
stripped or removed any possible asbestos containing material from anywhere within the
subject site prior to October 30, 2003.
ANSWER:
36. Admit that the Illinois Environmental Protection Agency never witnessed alleged
asbestos containing material in any disposed of in a trasheans dumpster or other location
at or adjacent to the subject prop2dy.
ANSW FR:
408623/El/i
9
37. Admit that the Illinois Environmental Protection Agency never witnessed respondent
disposing of asbestos in any trashcan dumpster or other location at or adjacent to the
subject property.
ANSWER:
38. Admit that the Illinois Environmental Protection Agency has no photographic
documentation of any asbestos in any trashean dumpster or other location at or adjacent
to the subject property.
ANSWER:
39. Admit that Section 61.145(a) of Title 40 of the Code of Federal Regulations, 40 CFR
61.145(a) (July 1, 1998), as adopted in Section 9.1(d) ofthe Act, titled Standard for
dcmolition and renovation,
only
requires inspection
ofpart oft/ic facility where the
dciiiohition or renovation operation ivihl occur for tile presence of ashes/os.
ANSWER:
40. Admit that Section 6l.145(b)(I) ofUSEPA’s NESHAPs, 40 CFR 61.145(b)(I) (July I,
2002), only requires notification if demolition or renovation is scheduled to occur in a
part of a facility that contains asbestos containing material.
ANSWER:
41. Admit that Section 61.145(e) of USEPA’s NESUAPS, 40 CFR 61. 145(c)(iuly I, 2002),
titled Procedures for asbestos emission control, is not applicable to dlenlolilion or
renovation ofa localion where asbestos in not present.
408623/El/I
10
ANSWER:
42. Admit that no renovat ion or demolition took ilaee in the room in the basement where
alleged asbestos containing material was discovered,
ANSWER:
Respectfully submitted,
PATI’ISON ASSOCIATES, LLC and
5701 SOUTH CALUMET, LLC
By
~
One offlTr Attorneys
Neal H. Weinfleld, Esq.
Allyson L. Wilcox, Esq.
Bell, Boyd & Lloyd LLC
70 West Madison Street
Suite 3100
Chicago, IL 60602
312.372.1121
Firm Number: 90100
408623/El/I
11
CERTIFICATE OF SERVICE
Allyson L. Wilcox, an attorney, hereby certifies that she caused a copy of the
attached Respondents’ Amended Requests for Admissions to Plaintiff to be served
upon:
Paula Becker Wheeler
Office ofthe Attorney General
188 West Randolph,
20tii
Floor
Chicago, IL 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 W. Randolph Street
Chicago, Illinois 60601
via regular U.S. Mail, postage pre-paid, on October 24, 2005.
Allyson L. Wilcox
408466/El/I
