BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
DEC
13 2004
PEOPLE
OF THE STATE OF
)
POIIUt~~~IS
ILLINOIS,
Complainant,
Vs.
)
PCB No. 05-99
(Enforcement)
JAMES
ZELLER,
THOMAS ZELLER,
And
MATTHEW SHORT,
Respondents.
ANSWER TO COMPLAINT
NOW COMES
the Respondent, JAMES
ZELLER, by and
through his attorney
Armstrong & Green
and with respect to the Complaint of the Illinois Environmental
Protection
Agency states
as follows:
COUNT
1
1.
ADMIT
2.
ADMIT
3.
DENY
4.
DENY
5.
ADMIT
6.
ADMIT
7.
DENY
8.
This Respondent admits that on or before
April 2,
2003, Mathew Short’s
business employed heavy equipment to
demolish the building and to remove
siding from the building.
As to the remaining portions of paragraph eight (8)
this Respondent does not know
and can
neither admit nor deny.
9.
This Respondent admits that
Mathew Short’s business ceased demolition
activities on
an actual
date
unknown to this Respondent.
That Thomas Zeller
1
resumed demolition activities
and Thomas Zeller’s business employed
heavy
equipment to demolish the building and
to
remove the siding from the
building.
10.
ADMIT,
except this Respondent neither can admit nor deny whether the
EPA
attempted to contact him specifically
as
he
has
no knowledge of same.
11.
ADMIT
12.
ADMIT
13.
DENY, while this Respondent admits the allegations containing these
statements with respect to the Statutory
Regulations with respect to
National
Emissions Standards for
Hazardous Air-Pollutants,
but also states that the
asbestos
located on the alleged property was non-friable at the time that it was
attached to the building
in question.
14.
As to the remaining portions of paragraph fourteen
(14) this Respondent
admits.
15.
SubpartsAand
B: ADMIT
16.
DENY
1
7.
This Respondent can
neither admit nor deny
for want of knowledge.
18.
This paragraph
is
a conclusion with
respect to
a statutory requirement of
notification.
In
response to this paragraph this Respondent states that he
is not
an operator or owner of demolition
as defined
by the Statutes,
and
as
such
denies the implacability of paragraph eighteen
(18)
as to
him.
WHEREFORE this Respondent respectfully pray that the matter be dismissed.
COUNT 2
1-16
This Respondent repeats and
re-alleges his response to
paragraphs one
(1)
through sixteen
(1 6) of COUNT
1
as and for his
response to paragraphs one
(1) through sixteen
(1 6) of COUNT 2.
2
1 7.
This Respondent can neither admit nor deny this allegation for want of
knowledge.
1 8.
This Respondent does
not respond
to
paragraph eighteen
(18), as there
is no
paragraph eighteen
(18) of COUNT 2
but the COUNT proceeds to paragraph
nineteen
(19).
19-21
It isn’t clear to this
Respondent as to whether this COUNT is directed to him,
but as such states that he
has no knowledge with
respect to these
paragraphs
specifically and can neither admit nor deny them.
Tothe extent that this COUNT seeks any relief against James Zeller,
individually states that this COUNT should not be directed toward
him
and
respectfully pray that this COUNT be
dismissed
as to
him.
Respectfully Submitted,
James Zeller,
Respondent
By:~4C
/
S
ph
R.
Green
The
Law Offices of
Armstrong & Green
400 N. Market Street
P.O.
Box 1087
Marion,
IL 62959
(61 8)
993-6072
Stephen
R.
Green #6201256
3
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE
OF THE
STATE OF
ILLINOIS,
Complainant,
Vs.
)
PCB No. 05-99
(Enforcement)
JAMES ZELLER, THOMAS ZELLER,
And MATTHEW SHORT,
Respondents.
ENTRY OF
APPEARANCE
NOW COMES Stephen
R.
Green of Armstrong & Green
and
enters his appearance
as
counsel
for a Respondent, JAMES
ZELLER.
Respectfully submitted,
ARMSTRONG
& GREEN
By:_____
Step
en
R.2Ieen
The
Law Offices of
ARMSTRONG
& GREEN.
400
N.
Market Street
P.O.
Box 1087
Marion,
IL
62959
(61 8) 993-6072
Stephen
R.
Green #6201256
RECEIVED
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CLERK’S OFFICE
DEC
13
201)4
PEOPLE OF THE
STATE OF
ILLINOIS
STATE OF ILLINOIS
Pollution Control Boara
Complainant,
Vs.
)
PCB
No. 05-99
(Enforcement)
JAMES ZELLER, THOMAS
ZELLER,
And MATTHEW SHORT,
Respondents.
CERTIFICATE OF SERVICE
Under
penalties
provided
by
law
pursuant
to
Section
1-109
of
the
Code
of
Civil
Procedure,
the
undersigned
certifies
that
a
copy
of
the
ENTRY
OF
APPEARANCE,
CERTIFICATE OF SERVICE,
and
ANSWER TO COMPLAIN
was
served
upon
each
party,
or
attorney of record, by enclosing the document in
an envelope addressed
to
each
party at the
address stated
below,
with
postage
fully
prepaid
and
by
depositing said
envelope
in
a
U.S.
Post Office mail box
in Marion, Illinois,
prior to
5:00 p.m. on December 9,
2004.
Brian
Lewis
Randy
Patchett
411
1/2N. Court Street
Patchett
Law Firm
Marion
IL 62959
104 West Calvert
P.O.
Box 1176
Maria Hafford
Marion,
IL 62959
Marion,
IL 629.59
Claim representative
State
Farm Insurance Co.
P.O.
Box 970
The
Law Offices of
Armstrong & Green
400
N. Market Street
P.O.
Box 1087
Marion,
IL 62959
(618) 993-6072
Stephen
R. Green #6201 256
Green
STEPHEN. R.
GREEN
W.A~
ARMSTRONG
Of C6u~sel
The Honorable Dorothy
Gunn
Illinois Pollution Control.Board
James
R.
Thompson Center, Ste.
11-500
100
West Randolph
Chicago,
IL
60601
Re:
People v. James Zeller,
et
al
PCB
No. 05-99
Dear Clerk Gunn:
Enclosed
please find
an original and
copy of an
ENTRY OF APPEARANCE
and
ANSWER ,TO~CO.MPLAlNTinregard to the above-captioned matter;
Please file the originals.
and
return fifë~stamped
copies of the docu’~nentsto our office in
the enclosed
self-addressed
stamped envelope
Thanking you,
I
remain,
Very truly yours,
ARMSTRONG
& GREEN
SRG/eam
CC: Raymond
Callery
Brian
D.
Lewis
Randy
Patchett
Maria Hafford
THE
LAW OFFICE
OF
ARMSTRONG & GREEN
400
NORTH
MARKET
P.O.
BOX 1087
MARION,
ILLINOIS 62959
RECEIVED
CLERK’S OFFICE
DEC
132g~p,
STATE OF tLLlNoi~
Pollution Control Boam
(61 8)
993-6072
FAX:. 9931 i~94
December 9,
2004
By~47C(/L~
teph
n
R.
Green
end.
