EO
SEP 27
2004
STATE OF ILLINOt~
BEFORE
THE ILLINOIS POLLUTION
CONTROL gØ~tiOn Control Board
PEOPLE OF THE STATE OF ILLINOiS,
Complainant
)
)
Vs.
)
No.
PCB 05-14
)
(Enforcement-Air)
MICHAEL COLLINS d/bla C&R
CONSTRUCT1ON~
)
Respcrndent
ANSWER
Comes now Michael Collins d’b/a C&R Construction,
by Rich Black, his attorney and
answers the complaint as propounded by Complainant~.
and avers
as follows:
COUNT
I
NOTIFICATION VIOLATION
1.
Respondent is wIthout sufficient information to
either admit or
deny the allegations of paragraph
1
2.
Respondent ~i.dmits
the allegations in paragraph 2.
3
Respondent admits the allegations in paragraph 3.
4.
Respondent admits the allegations in paragraph 4.
5.
Respondent admits the allegations in paragraph
5.
6.
Respondent admits the allegations in
paragraph 6.
7.
Respondent admits the allegations in paragraph 7.
1
8.
Respondent admits the allegations
in
paragraph
8.
9.
Respondentadmits thathe
was
hired by the City of East Saint
Louis to demolish a building at 420
St.
Louis Avenue and that
it was
done
pursuant to
an emergency order
of
demolition,
Respondent denies that the City
directed respondent to
obtain a certified asbestos supervisor.
10.
Respondent admits the allegations in paragraph
10.
11.
Respondent admits theallegations in paragraph Ii that defines
respondent as an
operator of a demolition, and denies that the building in question
is a facility containing asbestos as the terms are defined for purposes of this
statute.
12.
Respondent denieseach and every allegation, ofparagraph
12 and.
demands strict proof thereof
13.
Respondent denies the allegations in paragraph
13.
14.
Respondent denies the allegations in paragraph
14.
15.
Respondent denies the allegations in paragraph
15.
PRAYER FOR REliEF
Wherefore, the Respondent, respectfully requests that this Board enter an order:
A.
Denying the relief prayed for by the Complainant;
B.
Dismissingthe Petition of Complainant with prejudice;
C.
Award the Respondent
costs and attorne
Lees;
D.
Grant such other and further relief as the Board deems appropriate.
COUNT II
WASTE HANDLING VIOLATIONS
1-13.
Respondent realleges and incorporates herein
by reference
paragraphs 1
through
13 of
Count
I Answers as paragraph
1
through
13
of this
Count U Answers:
14.
Respondent denies eachand
every allegation of paragraph 14.
15.
Respondent denies each and
every allegation of paragraph 15.
16,
Respondent denies each and every allegation ofparagraph
16.
~EAYER
FOR RELIEF
Wherefore, theRespondent, respectfully requests that this
Board enter an’ order:
A.
Denying the relief prayed for by the Complainant in
Count II;
B.
Dismissing Count II of the Petition ofComplainant with prejudice;
I
C.
Award the Respondent costs and attorney fees:
D.
Grant such other and ftirtber relief as the Board deems appropriate.
COUNT
111
FAILURE TO HAVE AN ON-SITE REPRESENTATIVE
1-13.
Respondent realieges and incorporates herein by reference
paragraphs 1
through
13 ofCount
I Answers as paragraph I through
13 ofCount
III Ans~iers:
14.
Respondent denies each and
every allegation of paragraph
14.
15.
Respondent denies each. and
every allegation of paragraph.
15.
16.
Respondent denies each and every allegation of paragraph
16’.
17.
Respondent denies each and
every allegation ofparagraph
17.
PRAYER FOR
RELIEF
Wherefore, the Respondent, respectfully requests that
thi’s Board enter an
order:
A.
Denying the relief prayed for by the Complainant
in
Count III;
B.
Dismissing Count III ofthe Petition of Complainant with
prejudice;
4
C.
Award the Respondent costs and attorney fees;
D.
Not impose a. penal.ty~
E.
Grant
such other and further relief as the Board deems appropriate.
AFFIRMATIVE
DEFENSE
STATUTE
OF LIMATATIONS
Comes now the Respondent, Michael Collins, and asserts the following
affirmative defense:
1.
Complainant alleges in its complaint that the dates ofthe alleged
occurrences were completed more than’ two’years pri’or to’ the mailing and filing of
the original petition.
2.
That the complaint fails to state an actionable cause ofaction,
Wherefore, the Respondent, respectfully requests that thi~
Board enter an order:
A.
Denying the relief prayed for by the Complainant
i’n Counts I
through III;
B
Award the Respondent costs and
attorney fees
C.
Not impose a penalty;
5
D.
Dismiss the
Complaint, with preudice;
E.
Grant such other
and further relief as the Board deems appropriate.
Respectfully submitted,
R.
Black
Bar
#
6186536
Attorney for Respondent
P.O.
BOX
1894
Fairview Heights, IL 62208
CERTIFICATE OF SERVICE
I hereby certify that I did
on Sept 24, 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 ofthe following instrument entitled ANSWER:
To:
PHILLIP McQUILLAN
Senior Assistant Attorney General
500 South Second
Street
Springfield, Illinois
62706
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 Pollutio.n Control Board
State of Illinois
Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
R. Black
Attorney for Respondent
