RECEIVED
JAN
9
2004
OFFICE OF THE A1TORNEY GENERAL
~
COWTRoL
~OARI)
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
January
6, 2004
The Honorable Dorothy Gunn
Illinois Pollution
Control
Board
James R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois
60601
Re:
People v.
Emmett Utilities and Russell D.
Thore!!
PCB No.
04-81
Dear Clerk Gunn:
Enclosed
for filing please find
the
original
and
ten copies
of a NOTICE
OF FILING
and
COMPLAINANT’S
SUBMISSION
TO
HEARING
OFFICER
OF
CORRESPONDENCE
FROM
RESPONDENT EMMETT UTILITIES,
INC.,
in regard to
the above-captioned matter.
Please file
the originals
and
return
file-stamped
copies of the documents to
our office in
the enclosed
self-
addressed, stamped
envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
Thomas
Davis, Chief
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
(217) 782-9031
TD/pp
Enclosures
500
South
Second Street, Springfield,
Illinois
62706
•
(217)
782—1090
•
‘I’TY:
(217)
785—2771
•
Fax: (217) 782-7046
100
\Vest
Randolph Street.
Chicago.
Illinois
60601
•
(312)
814—3000
•
‘FTY:
(312)
814—3374
•
Fax:
(312)
814—3806
1001
East \lain,
Carhundale. Illinois
62901
•
(61$)
529—640()
•
“lY:
(618)
529—6403
•
Fax:
(61$)
529—6416
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
RECE~VED
PEOPLE OF THE STATE OF
)
~ 2004
ILLINOIS,
)
O~
IW~U~8
poLiwiopi coi~imoi
BOARD
Complainant,
vs.
)
PCB
NO. 04-81
)
(Enforcement)
EMMETT UTILITIES, INC., an
Illinois
)
corporation,
and
RUSSELL
D.
)
THORELL,
individually and
as
)
president of EMMETT UTILITIES,
INC.,
)
Respondent.
NOTICE OF FILING
To:
EMMETT UTILITIES,
INC.
RUSSELL D. THORELL
President
RR2,
Box 58N
Oquawka,
IL 61469
PLEASE TAKE
NOTICE
that on this
date
I
mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, COMPLAINANT’S SUBMISSION TO HEARING OFFICER OF
CORRESPONDENCE
FROM
RESPONDENT
EMMETT
UTILITIES,
INC.,
a
copy
of
which
is
attached
hereto and
herewith served
upon you.
Respectfully submitted,
PEOPLE OF THE
STATE
OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:____________________
THOMAS DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: January 6, 2004
1
CERTIFICATE
OF SERVICE
I
hereby certify that
I
did
on January 6, 2004,
send
by
First Class
Mail, with
postage
thereon fully
prepaid,
by depositing in
a United
States Post
Office Box a true
and correct copy
of the following
instruments entitled
NOTICE
OF FILING
and
COMPLAINANT’S SUBMISSION
TO HEARING OFFICER OF CORRESPONDENCE FROM
RESPONDENT EMMETT
UTILITIES,
INC.
To:
EMMETT UTILITIES,
INC.
RUSSELL D.
THORELL
President
RR2, Box 58N
Oquawka,
IL 61469
and
the original
and
ten copies by First
Class Mail with
postage thereon fully prepaid
of the
same
foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
James
R.
Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy was also sent to:
Carol Sudman
Hearing Officer
Illinois Pollution
Control Board
1021
N.
Grand
Avenue East
Springfield,
IL 62794
Thomas
Davis,
Chief
Assistant Attorney General
This filing is submitted
on recycled
paper.
RECE~VED
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
çjA~
—
9
2004
PEOPLE OF THE STATE
OF ILLINOIS,
)
~M~OFIWNOIS
Complainant,
)
POWIION
CONTROL
BOA~Rb
)
v.
)
PCB
NO. 04- 81
)
(Enforcement)
EMMETT
UTILITIES,
INC.,
)
an Illinois
corporation,
and
)
RUSSELL
D. THORELL,
individually and
)
as
president of EMMETT UTILITIES,
INC.
)
Respondents.
COMPLAINANT’S SUBMISSION TO HEARING
OFFICER
OF CORRESPONDENCE FROM RESPONDENT EMMETT UTILITIES, INC.
Complainant,
PEOPLE OF THE
STATE OF
ILLINOIS, by
LISA MADIGAN, Attorney
General of the State of Illinois, hereby respectfully submits to
the Hearing
Officer a
copy of
correspondence dated
December 30,
2003,
since this document was apparently not filed
with
the Clerk.
Complainant states as follows:
1.
This document was
sent to
the Attorney General’s
Office
by
Russell Thorell
under the letterhead of and ostensibly on
behalf of EMMETT UTILITIES,
INC.,
in
Mr. Thorell’s
stated capacity as President of EMMETT UTILITIES,
INC.
This document
cannot serve as
an
answer on
behalf of EMMETT UTILITIES,
INC.,
as
required by
Section
103.204(d)
of the
Board’s Procedural
Rules because
it does
not purport
to specifically deny the material
allegations
of the Complaint and
because
Mr. Thorell is
not authorized
by
Section
101.400(a) to
appear
on behalf of EMMETT UTILITIES,
INC.
2.
This document cannot serve as an
answer on behalf of RUSSELL THORELL as
required by Section
103.204(d) of the
Board’s Procedural
Rules because it does
not purport
to
specifically deny the material allegations of the Complaint.
While Mr.
Thorell may appear on
his
1
own
behalf as
an
individual, he
has failed to
address and
satisfy the procedural and
substantive
requirements.
3.
This document is submitted
to
the Hearing
Officer in order that a
motion
to strike
may be
pursued
if the document is accepted for filing.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement Division
BY:________________
THOMAS DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
Dated:
January 2,
2004
2
EMMETT UTILITIES,INC.
RR2 Box 58N
Oquawka, Ii. 61469
DECEMBER 30, 2003
Thomas Davis, Chief
JAN
2
:?oo~
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
Dear Mr. Thomas:
I received your letter dated November 6, 2003
and the accompanying
complaint.
I have read the allegations
in the complaint. They
are absurd and
simply not true;
therefore, I deny all of
them. The Company isn’t
polluting anything and the water is safe.
Ver
truly yours,
Russell D Thorell
President
Copies sent to:
Bob Bland
Dave Kentner
Jenna Link
John Myers
1ohn Sullivan