~~1C)
BEFORE
THE
ILLINOIS POLLUTION
CONT~9~1~C~
w~
PEOPLE
OF
THE
STATE
OF ILLINOIS,
)
.~
o
Complainant,
)
‘i~P~
‘vs.
)
PCB O3-I~
)
(Enforcement
-
Air)
PASSAV4NT AREA HOSPITAL,
)
an
illinois
not-for-profit
corporation,
)
)
Respondent.
)
NOTICE
OF
FILING
TO:
Deborah
L.
Barnes
Assistant
Attorney
General
Environmental
Bureau
500
S.
Second
Si.
Springfield,
IL
62706
PLEASE TAKE NOTICE that I have today mailed for filing
with
the Office of the Clerk of the
Pollution
Control
Board
the an
original
and
nine
copies of the following:
1.
ANSWER of Passavant Area
Hospital,
an
Illinois
not-for profit corporation;
2.
APPEARANCE;
and
3.
CERTIFICATE
OF
SERVICE
copies of which
herewith served
upon
you.
~~tfull~
~
Date
1~4~
~
Babette
P.
Salus
Babette P.
Salus
Schwing
&
Salus
P.C.
1100 S.
Fifth
St.
Springfield,
IL
62703
(217)
544-3232
(217) 544-3273
(fax)
This
filing
is
submitted
on
recycled paper.
BEFORE
TIlE
ILLINOIS POLLUTION
CONTROL ~
~
n~rc
JUN10
7003
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
)
STATE
OF
ILLINOIS
Complainant,
)
Pollution
Control Board
)
vs.
)
PCB
03-183
)
(Enforcement
-
Air)
PASSAVANT
AREA
HOSPITAL,
)
an
Illinois
not-for-profit corporation,
)
)
Respondent.
)
ANSWER
Respondent,
PASSAVANT
AREA
HOSPITAL,
an
Illinois
not-for-profit
corporation,
answers the Complaint previously filed
in
this
matter as follows:
COUNT
I
1.
Respondent lacks
sufficient
information
to
either
admit or
deny
the
allegations
contained
in
paragraph
1
of Count
I of the
Complaint.
2.
Respondent
admits
the
allegations
contained
in
paragraph
2
of
Count
I
of the
Complaint.
3.
Respondent
admits
the
allegations
contained
in
paragraph
3
of Count
I
of
the
Complaint.
4.
Respondent
admits
the
allegations
contained
in
paragraph
4
of
Count
1
of the
Complaint.
5.
Respondent admits
the
allegations
contained
in
paragraph
5
of Count
1
of the
Complaint.
6.
Respondent admits
the
allegations
contained
in
paragraph
6
of Count
1
of the
1
conducting
an annual
performance test.
18.
Respondent denies
the allegations contained
in
paragraph
18
of Count
II
of the
Complaint.
19.
Respondent lacks sufficient information to
admit or deny
the allegations contained
in
paragraph
19
of Count
II of the Complaint.
20.
Respondent denies the allegations
contained
in
paragraph 20
of Count
II of the
Complaint.
21.
Respondent
denies the
allegations
contained
in
paragraph
21
of Count
II of the
Complaint.
22.
Respondent, denies
the allegations
contained
in
paragraph
22
of Count
II of the
Complaint.
23.
Respondent denies the
allegations
contained
in
paragraph
23
of Count
II of the
Complaint.
24.
Respondent denies
the allegations
contained
in
paragraph
24
of Count
II of the
Complaint.
The remainder of Count II of the Complaint consists of the Complainant’s prayer
for relief to
which
no
answer
is
required,
however
to
the extent
that
it a response
is
deemed to
be
required,
Respondent Answers as
follows:
A.
Respondent admits that Complainant
is
entitled to the relief requested in paragraph
A of Count
II of the Complaint.
B.
Respondent denies that Complainant
is entitled
to
the relief requested
in paragraph
6
A of Count
II of the Complaint.
C.
Respondent denies that Complainant
is
entitled to the relief requested
in paragraph
C
of Count
II of the Complaint.
D.
Respondent denies that Complainant
is entitled to the relief requested in paragraph
D
of Count II
of the Complaint.
E.
Respondent denies that Complainant is entitled to the relief requested
in paragraph
E
of Count II of the Complaint.
F.
Respondent lacks sufficient information
to determine whether the Complainant
is
entitled
to
the relief requested
in
paragraph
F of Count
II of the Complaint.
COUNT
III
1-6.
Respondent restates
its
answers
and
incorporates
by
reference
herein paragraphs
1
through
6 of its answer to
Count I as paragraphs
1
through
6 of its
answer
to
Count
III of the
Complaint.
7.
Respondent
admits
the
allegations
contained
in
paragraph
7
of Count
II of the
Complaint.
8.
Respondent denies
the allegations
contained
in
paragraph
8
of Count III
of the
Complaint.
9.
Respondent admits
the allegations
contained
in
paragraph
9
of Count
III
of the
Complaint.
10.
a.
Respondent admits the allegations contained
in subparagraph a of paragraph
10 of Count III of the Complaint and
further affirmatively states that as the CAAPP permit was
7
issued
on June
18,
2001,
a record
of total
annual emissions
for the calendar year
2001
would
not have been available and
a record for total annual
emissions for calendar year 2000 were not
required
to
be
maintained.
b.
Respondent
admits
the
allegations
contained
in
subparagraph
b
of
paragraph
10 of Count
III
and
further affirmatively states
that
as of the date of the
September
5,
2001,
the CO monitoring unit had
not been calibrated,
was not certified and was not operable,
therefore
Respondent could
not
make
these records
available.
c.
Respondent denies the allegations contained in subparagraph c ofparagraph
10
of Count
III
of the Complaint.
d.
Respondent denies the allegations contained in subparagraph d ofparagraph
10
of Count
III of the Complaint.
e.
Respondent
admits
the allegation
contained
in
paragraph
10(e) of Count
III and
further affirmatively states
that
the unit was not certified until
October
2001
and records
covering the period
from
October
2001
through
November 2001
were
submitted
to
the
Illinois
EPA
in
response
to
a
letter request
from
Illinois
EPA dated
November
29,
2001.
11.
Respondent denies
the allegations contained
in
paragraph
11
of Count III of the
Compliant.
12.
Respondent denies
the allegations
contained
in
paragraph
12
of Count
III
of the
Complaint.
13.
Respondent denies
the allegations
contained
in paragraph
13
of Count
III of the
Complaint.
8
14.
Respondent denies the allegations
contained
in
paragraph
14
of Count III of the
Complaint.
15.
Respondent denies the allegations
contained
in paragraph
15
of Count
III of the
Complaint.
The remainder of Count
III
of the Complaint consists
of the
Complainant’s
prayer
for
relief to
which
no answer
is
required,
however
to
the
extent
that
it a
response
is
deemed
to
be
required,
Respondent Answers as follows:
A.
Respondent admits that Complainant is
entitled to the relief requested in paragraph
A
of Count
III of the Complaint.
B.
Respondent denies that Complainant
is entitled to the relief requested in paragraph
B
of Count
III of the
Complaint.
C.
Respondent denies that Complainant is entitled to the relief requested
in paragraph
C
of Count
III of the
Complaint.
D.
Respondent denies that Complainant
is entitled to the relief requested
in paragraph
D of Count
III of the Complaint.
E.
Respondent denies that Complainant is
entitled to
the relief requested in paragraph
E of Count
III of the Complaint.
9
F.
Respondent lacks sufficient
information
to determine whether the Complainant is
entitled
to the relief requested
in
paragraph
F of Count
III of the Complaint.
PASSAVANT
AREA HOSPITAL,
an
Illinois
not-for-profit corporation,
RESPONDENT
BY:
________
Babette P.
Salus
Babette
P.
Salus
Schwing
&
Salus,
P.C.
1100
S.
Fifth
St.
Springfield,
IL
62703
(217) 544-3232
(217) 544-3273 (fax)
10
ISOFF!CE
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOAR~UN
1~
2003
51/-U’E OF
ILLINOIS
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
POllUtiOn
Control
hoard
)
Complainant,
)
)
vs.
)
PCB
03-183
)
(Enforcement
-
Air)
PASSAVANT
AREA
HOSPITAL,
)
an
illinois
not-for-profit
corporation,
)
)
Respondent.
)
CERTIFICATE
OF SERVICE
I,
the
undersigned, certify
that on
June 4,
2003,
I served
the
Notice of Filing,
Appearance,
and
Answer of Passavant Area Hospital,
by
U.S.
mail,
first class postage pre-paid,
upon:
Deborah
L.
Barnes
Assistant
Attorney
General
Environmental
Bureau
500 S.
Second St.
Springfield,
IL
62706
Babette
P.
Sa us
Babette P.
Salus
Schwing
&
Salus
P.C.
1100 S.
Fifth St.
Springfield,
IL
62703
(217) 544-3232
(217) 544-3273
(fax)
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOA-RI)
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
PCB
03-183
)
(Enforcement
-
Air)
PASSAVANT
AREA
HOSPITAL,
)
an
illinois
not-for-profit
corporation,
)
)
Respondent.
)
APPEARANCE
I
hereby
file
my
appearance
in
this
proceeding
on
behalf
of
the
Respondent,
PASSAVANT AREA
H.OSPITAL, an
Illinois
not-for-profit corporation.
Respectfully submitted,
Babette P.
Salus
Babette
P.
Salus
Schwing
& Salus
P.C.
1100 S.
Fifth
St.
Springfield,
IL
62703
(217) 544-3232
(217) 544-3273
(fax)