1. NOTICE OF FILING
    2. #1301209
    3. ENTRY OF APPEARANCE
    4. CERTIFICATE OF SERVICE
F&DMAAç
WASSER
DRAPER &
BENSON
1307
S.
Seventh
St
Post Office Sax
2418
Spüng~c1d,
IL
62705
217/544-3403
RECE
WED
CLERK’S OFFICE
MAR 22
2004
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
No.: AC 04-31
v.
(IEPA No.
747-03-AC)
EQUIPPING THE SAINTS MINISTRY
INTERNATIONAL, INC.,
Respondent.
_________________________________
NOTICE OF FILING
To:
The Honorable Dorothy
Gunn,
Clerk
Illinois Pollution Control Board
State
ofillinois Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Michelle M. Ryan
Special Assistant Attorney General
illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL
62794-9276
Carol Sudman
Hearing Officer
illinois
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL
62794-9274
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of
the Pollution Control Board ofthe State ofIllinois the followinginstrument(s) entitled
ENTRY
OF
APPEARANCE
and
OBJECTIONS
TO
MOTION
FOR
DEFAULT
JUDGMENT.
THIS FILING SUBMITTED ON RECYCLED PAPER
PELIR&4N
WA~FJ4
DRAPER
&BENSON
1307S.
Seventh St
Post Office Box 2418
SpxingSeld,
IL 62705
217/544-3403
Respectfully
#1301209
2
RECEJVED
CLERK’S OFFICE
MAR
22
2004
STATE OF ILLINOIS
BEFORE THE ILLINOIS
POLLUTION
CoNTRc~f
~~trol
Board
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
EQUIPPING THE SAINTS MINISTRY
INTERNATIONAL, INC.,
Respondent.
ENTRY OF APPEARANCE
Thomas J. Immel ofthe firm ofFELDMAN, WASSER, DRAPER
& BENSON
herewith enters
his appearance in
this matter
on
behalf of Equipping the
Saints
Ministry International, Inc., Respondent.
V.
No.: AC
04-31
~IEPANo.
747-03-AC)
NSLDMA1~WASSSR
DRAPER &BEWSON
1307S.
Seventh
St
Post OfficeBox
2418
Springlield,
IL 62705
217/544-3403
CERTIFICATE OF SERVICE
m.DM4N
W.4SSER
DRAPER
&BF~ON
1307
S. SeventhSt.
Post
Office Box
2418
Spnngfield,
IL 62705
217/544-3403
The undersigned hereby certifies that a copy ofthe foregoing instrument has
been
served
upon
the
listed
parties
by
placing
the
same
in
a
sealed
envelope,
addressed as aforesaid, with postage fully prepaid a~i~j
by depositing the same in the
United States mail at Springfield, illinois this /~~dayofMarch,
2004.
The Honorable Dorothy Gunn, Clerk
illinois Pollution Control Board
State ifillinois Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Michelle M. Ryan
Special Assistant Attorney General
flhinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, IL
62794-9276
Carol Sudman
Hearing Officer
illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL
62794-9274
THIS FILING SUBMITTED ON RECYCLED PAPER
2
FELDMAIQ WASSSR
DRAPER &BENSON
1307 S. SeventhSt
PostOffice Box 2418
Spiing6cld, IL
62705
217/544.3403
RECEIVED
CLERK’S OFFICE
~iAR
22
200k
BEFORE THE ILLINOIS POLLUTION
CONTR9~~BOard
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
No.: AC 04-31
v.
(IEPA No.
747-03-AC)
EQUIPPING THE SAINTS MINISTRY
INTERNATIONAL, INC.,
Respondent.
________________________________
OBJECTIONS TO MOTION
FOR
DEFAULT JUDGMENT
NOW
COMES
the
Respondent,
EQUIPPING
THE
SAINTS
MINISTRY
INTERNATIONAL, INC., by andthrough its attorney, Thomas J. Immel, responding
and objecting to the Motion for Default Judgment ified herein by the Complainant,
stating as follows:
1.
Complainant ified its Administrative
Citation against the Respondent
before this Board.
2.
Respondent
is
an
Illinois
not-for-profit
corporation
organized
for
charitable purposes and qualified as a 501(c)(3) corporation by the Internal Revenue
Service.
3.
Respondent attempted to file apro sepetition for reviewbeforethis-Board
pursuant to the instructions set forth in the Administrative
Citation.
Respondent’s
attempt toifie such petition for review was inartfully drafted but didin factmaterially
contest the allegations ofthe Administrative Citation, and did so in a timely manner.
4.
As
an
illinois
not-for-profit
corporation,
acting
through
its
officers,
Respondent was unaware
at the time ofits filing of the requirement that it appear
before the Boardthrough an attorney.
5.
The
Complainant’s
only
substantive
objection
to
the
Respondent’s
attempt to file a petition for review is directed at the fact that the Respondent failed
to ifie said petition through an attorney.
6.
It would be fundamentally unfair to the Respondent to deny its right to
contest an Administrative Citation whichit believesto be improper on the sole ground
thatit failed to initiate its otherwise timely petition through the offices ofan attorney;
furthermore,
Respondent
is
now represented
by
the undersigned attorney
whose
appearance
has
been
filed and
no
prejudice
whatsoever
can
be
claimed
by
the
ComplainantiftheRespondent is permitted to continueits petition for reviewutilizing
the services ofsuch counsel.
7.
Respondent
desires
to
contest
the
allegations
of the
Administrative
Citation for the reason that Respondent did not cause or allow any open dumping on
the property which is the
subject of this proceeding, the Respondent acquired such
property forthepurposes ofremodeing
sameinto asethorcitizen facility, the property
acquired by the Respondent is in fact aconstruction site upon whichconstruction and
remodeling activity was occurring when the citation was issued and is continuing at
the present time.
FSLDSL41~
WASSER
DRAPER &BENSON
1307 S. Seventh St.
Post OfficeBox 2418
Spiingileld,IL62705
217/544.3403
ERLf)MAit~
WASSER
DRAPER&BENSON
1307 S. Seventh
St
Post Office Box
2418
Springfield, IL
62705
217/5443403
8.
Respondent believes it has
valid defenses to the claims asserted to the
Administrative
Citation and desires to contest same.
WHEREFORE, the Respondent respectfully requests that the Board deny the
Motion for Default Judgment and permit this matter to go forward to hearing before
the Board’s
duly
appointed. hearing officer.
Respectfully submitted,
3
CERTIFICATE OF SERVICE
FELDMAN
WASSS.R
DRAPER &BENSON
1307 S. Seventh St.
Poet Office Box
2418
Springfield,
IL
62705
217/544-3403
The undersigned hereby certifies that a copy ofthe foregoing instrument has
been
served
upon
the
listed
parties
by
placing the
same
in
a
sealed
envelope,
addressed as aforesaid, with postage fully prepajd ai~d
by depositing the same in the
United States mail at Springfield, Illinois this7 ~/frday
of March, 2004.
The Honorable Dorothy Gunn, Clerk
illinois Pollution Control Board
State ifIllinois Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, IL
62794-9276
Carol Sudman
Hearing Officer
illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box
19274
Springfield, IL
62794-9274
THIS FILING SUBMITTED ON RECYCLED PAPER
4

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