ECEVED
    CLERK’S
    OFFICE
    UNITED
    A
    MUNICIPALCITY
    OF
    CORPORATION,YORKVILLE,
    )
    )
    AUG
    2
    82009
    )
    STATE
    OF
    ILLINOIS
    Complainant,
    )
    Pollution
    Control
    BOard
    )
    PCB No.
    08-96
    v.
    )
    (Enforcement-
    Land,
    Air,
    Water)
    )
    HAMMAN
    FARMS,
    )
    )
    Respondents.
    )
    NOTICE
    OF FILING
    TO:
    SEE
    ATTACHED
    SERVICE
    LIST
    PLEASE
    TAKE
    NOTICE
    that
    on August
    28,
    2009,
    we electronically
    filed
    with
    the
    Clerk
    of the
    Illinois
    Pollution
    Control
    Board,
    Complainant’s
    Answer
    to
    Affirmative
    Defenses
    to
    Count
    IV,
    a copy
    of which
    is attached
    hereto
    and
    hereby
    served
    upon
    you.
    Dated:
    August
    28,
    2009
    Respectfully
    submitted,
    UNITED
    CITY
    OF
    YORKVILLE
    /Jiidd
    /lt
    One
    of Its
    Attorneys
    Thomas
    G.
    Gardiner
    Michelle
    M.
    LaGrotta
    GARDINER KOCH
    WESIBERG
    &
    WRONA
    53
    W.
    Jackson
    Blvd.,
    Suite
    950
    Chicago,
    IL
    60604
    312-362-0000
    Atty
    ID:
    29637
    THIS
    FILING
    IS SUBMITTED
    ON RECYCLED
    PAPER
    CERTIFICATE
    OF
    SERVICE
    I Michelle
    M.
    LaGrotta,
    the
    undersigned
    certify
    that
    on August
    28, 2009,
    1 have
    served
    the
    attached
    COMPLAINANT’S
    ANSWER
    TO AFFIRMATIVE
    DEFENSES
    TO
    COUNT
    IV, upon:
    Mr.
    John T. Therriault,
    Assistant
    Clerk
    Illinois
    Pollution Control
    Board
    100 West
    Randolph
    Street
    James
    R. Thompson
    Center,
    Suite
    11-500
    Chicago,
    Illinois 6060
    1-3218
    (via
    hand delivery)
    Bradley
    P. Halloran
    Hearing Officer
    Illinois
    Pollution Control
    Board
    James
    R. Thompson
    Center,
    Ste.
    11-500
    100 W Randolph
    Street
    Chicago,
    IL
    60601
    (via hand
    delivery)
    Charles
    F. Heisten
    Nicola
    A. Nelson
    Hinshaw
    &
    Culbertson
    100
    Park
    Avenue
    P.O.
    Box 1389
    Rockford,
    IL 61105-1389
    (via
    email
    to:
    NNelsonhinshavlaw.com
    and
    CHelsten@hinshawlaw.com,
    and
    U.S.
    Mail)
    /LL2
    Michelle
    M. LaGrotta
    BEFORE THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAEcEV
    CLERK$S
    OFF1EP
    UNITED
    A
    MUNICIPAL
    CITY
    OF
    CORPORATION,
    YORKVILLE,
    )
    )
    AU
    6282009
    Complainant,
    )
    STATE
    U
    IOfl
    OFIWN
    Control
    Board
    IS
    )
    PCB
    No.
    08-96
    v.
    )
    (Enforcement-
    Land,
    Air,
    Water)
    )
    HAMMAN
    FARMS,
    )
    )
    Respondents.
    )
    COMPLAINANT’S
    ANSWER
    TO
    AFFIRMATIVE
    DEFENSES
    TO
    COUNT
    IV
    NOW
    COMES
    the
    Complainant,
    UNITED
    CITY
    OF
    YORKVILLE,
    by
    and
    through
    its
    attorneys,
    GARDINER
    KOCH WEISBERG
    &
    WRONA,
    and
    for
    its
    ANSWER
    TO
    AFFIRMATIVE
    DEFENSES
    TO
    COUNT
    IV,
    it
    states
    as
    follows:
    Affirmative
    Defense Number
    1
    Complainant
    is
    precluded
    from
    recovery
    because
    Hamman
    Farms’
    lawful
    application
    of
    landscape waste
    under
    the
    Illinois
    Environmental
    Protection
    Act,
    415
    ILCS
    5/21(q),
    as
    specifically approved
    by
    the
    Illinois
    Environmental
    Protection
    Agency,
    prohibits
    any
    finding
    that
    Hamman
    Farms has
    engaged
    in
    water
    pollution
    under
    Section
    12
    of the
    Act.
    ANSWER:
    Affirmative
    Defense
    Number
    1
    calls
    for
    legal
    conclusion
    as
    to which
    answer
    is neither
    necessary
    nor
    appropriate
    under
    the
    law
    so
    plaintiff
    moves
    to
    strike
    this
    affirmative defense.
    Should the
    Illinois
    Pollution
    Control
    Board
    find
    that
    Affirmative
    Defense
    Number
    1
    addresses
    a
    factual
    allegation,
    Complainant
    denies
    Affirmative
    Defense
    Number I.
    Affirmative
    Defense
    Number
    2
    COmplainant
    is
    precluded
    from
    recovery
    under
    the doctrine
    of
    laches,
    due
    to
    their
    unreasonable
    delay
    in
    bringing
    an
    action
    for
    reliet which
    has
    prejudiced
    the
    rights
    of
    Hamman
    Farms.
    ANSWER:
    Affirmative
    Defense
    Number
    2
    calls
    for
    legal
    conclusion
    as
    to
    which
    answer
    is
    neither
    necessary
    nor
    appropriate
    under
    the
    law
    so
    plaintiff
    moves
    to
    strike
    this
    affirmative
    defense.
    Should
    the
    Illinois
    Pollution
    Control
    Board
    find
    that
    Affirmative
    Defense
    Number
    2
    addresses
    a
    factual
    allegation,
    Complainant
    denies
    Affirmative
    Defense
    Number
    2.
    WHEREFORE,
    Complainant,
    UNITED
    CITY
    OF
    YORKVILLE,
    respectfully
    requests
    that
    Respondent,
    HAMMAN
    FARMS’
    AFFIRMATIVE
    DEFENSES
    TO
    COUNT
    IV,
    be
    stricken
    and
    for
    such
    other
    relief
    as
    the
    Board
    deems
    just
    and
    equitable.
    Respectfully
    submitted,
    UNITED
    CITY
    OF
    YORKVILLE,
    Complainant,
    By:
    /1”ttcd4
    44
    One
    of
    its
    Attorneys
    Dated:
    August
    28,
    2009
    Thomas
    G.
    Gardiner
    Kenneth
    M.
    Battle
    Michelle
    M.
    LaGrotta
    Gardiner
    Koch
    &
    Weisberg
    53
    W
    Jackson
    Blvd.,
    Ste.
    950
    Chicago,
    IL
    60604
    (312) 362-0000

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