BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
/~UG
5
2003
Complainant,
)
STATE OFILLINOJS
o!iutj~Controi Board
v.
)
PCB No.
97-119
(Enforcement)
G & M TOTAL,
INC.,
an Illinois
Corporation,
GEORGE PAPAS,
individually and as President
of
G & M TOTAL,
INC.,
Respondents.
NOTICE OF FILING
TO:
Mr. Thomas Davis
George Papas
2610 Sheridan Road,
Suite 214
6751
W.
Tonto Drive
Zion,
Illinois 60099
Glendale,
Arizona 85308
Bradley
P.
Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St.,
Suite 11-500
Chicago,
Illinois 60601
PLEASE TAKE NOTICE that the Plaintiff,
PEOPLE OF THE STATE
OF ILLINOIS,
filed with the Illinois Pollution Control Board,
its
MOTION TO DEEM FACTS ADMITTED,
a true and correct copy of which
is attached hereto and is hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS
Ex
rel.
LISA
MADIGAN, Attorney
General of the State of Illinois
BY:
/0t~._.i~?
4
KATHERINE A.
KELLY
Assistant Attorney Genera
Environmental Bureau
188 West Randolph,
20th
Floor
Dated:
August
5,
2003
Chicago,
IL 60601
(312)
814-3153
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RE CE
IV
ED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
~LWG
5
2003
I
STATE OF ILLINOIS
oIlutjo~Control Board
v.
)
PCB No.
97-119
(Enforcement)
G & M TOTAL,
INC.,
an Illinois
Corporation, GEORGE PAPAS,
individually and as President of
G & M TOTAL,
Inc.,
Respondents.
MOTION TO DEEM FACTS ADMITTED
NOW COMES the Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
LISA
MADIGAN,
Attorney General of the State of Illinois,
and pursuant to Section 103.162 of the Board’s Procedural Rules,
35
Ill.
Ad.m.
Code 103 .162
(1996),
hereby moves for the entry of
an order deeming all facts in Complainant’s first Request for
Admission of Facts as admitted against Respondents, G & M TOTAL,
INC. and GEORGE PAPAS.
In support thereof, Complainant states as
follows:
1.
On January
8,
1997,
Complainant filed a two-count
complaint against the Respondents alleging violations of Section
12(a)
of the Illinois Environmental Protection Act
(“Act”), 415
ILCS 5/12(a) (1996),
and Sections 731.160,
731.162 and73l.163
of
the Illinois Pollution Control Board Regulations
(“Board
Regulations”),
35
Ill. Adm.
Code 731.160, 731.162 and 173.163
(1996).
Resp.ondents, G & N TOTAL,
INC. and GEORGE PAPAS,
were
served with Complainant’s Complaint via certified mail on January
1
16,
1997.
Specifically, the Complainant’s Complaint alleges that
Respondents failed to supply sufficient documentation of
abatement measures and of a site check after confirmation of a
petroleum release.
Additionally, Respondents failed to supply
sufficient documentation of an initial site characterization.
.
A
•copy of the certified receipt
is attached to and inborporá.ted
into this motion as Exhibit
A.
2.
On December
1,
1997,
Complainant filed its first
Request for Admission of Facts.
Complainant caused the document
to be mailed to Respondents,
G & N TOTAL,
INC.
and GEORGE PAPAS,
on December 1,1997.
The document requested the admission of all
material facts alleged in Complainant’s Complaint.
A copy of the.
first Request for Admission of Facts is attached to and
incorporated into this motion as Exhibit B.
3.
Section 103.162 of the Board Procedural
Rules,
35
Ill.
Adm.
Code 103.162, provides,
in pertinent part,
as follows:
*
*
*
(a)
Request for Admission of Fact.
A party may serve on
any other party, no sooner than 21 days after filing of
the complaint,
a written request for the admission by
the latter of the truth of any specified relevant fact
set forth in the request.
(C)
Admission in the Absence of Denial.
Each of the
matters of fact and the genuineness of each document of
which admission is requested is admitted unless,
within
20 days after service thereof, the party to whom the
request
is directed servesupon the party requesting
the admission either a sworn statement denying
specifically the matters of which admission is
requested or setting forth in detail the reasons why he
2
cannot truthfully admit or deny those matters or
written objections on the ground that some or all of
the requested admissions are privileged or irrelevant
or that the request
is otherwise improper in whole or
in part...
*
*
*
4.
By failing to respond to Complainant’s
first Request
for Admission of Facts by December 21,
1997 and by failing to
file an objection by December 21,
1997 as required by Section
103.162(c),
35
Ill.
Adm. Code 103.162(c)
(1996), Respondent,
G &
MTOTAL,
INC. and GEORGE PAPAS, have admitted the allegations
asserted in Complainant’s first Request for Admission of Facts.
5.
As of the date of filing of this Motion,
Respondents, G
& M TOTAL,
INC. and GEORGE PAPAS; have not filed a response to
the Complainant’s first Request for Admission, of Facts.
6.
Complainant therefore requests that the Board find,
pursuant to Section 103.162 of 35
Ill. Adm. Code 103.162
(1996),
that Respondents,
G
& M TOTAL,
INC. and GEORGE PAPAS,
have
admitted all allegations asserted in Complainant’s first request
for Admission of Facts.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board issue an order in~favor of
Complainant and against Respondents G & M TOTAL,
Inc.
and GEORGE
PAPAS:
1.
Ordering all material allegations asserted in the
Complainant’s first Request for Admission of Facts admitted
3
against the Respondents; and
7.
Granting such additional relief as the Board deems
‘appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
Ex
rel.
Lisa Madigan, Attorney
General of the State of Illinois
‘MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
,
.
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
BY:
I~~N~~ELLY
~
Assistant Attorney Genera
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago,
IL 60601
(312)
814-3153
4
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Jim
Ryan
January
24,
1997
‘
A1TOR1’~E?
GENERAL
DorothY M. Gunn, Clerk
pollutionControl
Board
100 West Randolph
Street
Suite
11500
ChicagO, Illinois
60601
Re:
People v
G & M Total, Inc.
PCB
97-119
DearMs. Gunri:
Enclosed please find a Return Receipt for the service ofthe complaint in the above-
referenced matter.
Very truly
yours,
.L.Fron
Assistant Attorney
General
EnvironmentalBureau
100 West
Randolph, llthFb.
Chicago, Illinois 60601
(312) 814-3774
End.
c:\forrfls\ltrOO2
EXHIBIT
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FAX:
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732-7046
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and/or
2
for
additional services.
~Complete
items 3. 4a. and 4b.
NPdfliyour
name
and
addresson the reverse ofthis
form
so that
we
can
return
this
card
to you.
aAttach
this form
to the front
of
the maliplece.
or on
the back if space dbas
not
permit.
•WnteRetum ReceiptRequested’on
the
malipiece
below the
article
number.
~TheReturn
Receipt
Will
show to whom the
article
was delivered
and
the date
delivered.
3.
Article
Addressed to:
George Papas
I also wish to receive the
following services (for an
extra
foe):
1. 0
Addressee’s Address
2. 0
Restricted Delivery
Consult postmaster for fee.
Artir’!~
P~iI•mber
P 449, 482
Ce~rtified
insured
COD
RECEIVED
CLERK’SOFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL BO4D
DEC
11997
PEOPLE OF
THE
STATE
OF ILLiNOIS,
)
IPOLL1SflON
CONTROL
Complainant,
)
)
-vs-
,
)
PCB 97-119
)
‘
(Enforcement)
G &
M
TOTAL, INC., an
Illinois Corporation,
)
GEORGE PAPAS, individually and as
President
)
ofG & M
Total,
Inc.,
‘
)
)
Respondents.
NOTICE OF
FILING
TO:
SEE ATTACHED SERVICE LIST
PLEASE
TAKE
NOTICE that I have today filed with the Illinois
Pollution Control Board the
following Discovery Requests upon Respondent, George Papas:
a.
Request for Admission of Facts;
b.
Complainant’s
First Set ofInterrogatories;
c.
Complainant’s
First Request for Production of Documents.
A
true
copy ofwhich is served upon you.
PEOPLEOF THESTATE OF ILLiNOIS
JAMES
E. RYAN
Attorney General
State of Illinois
BY:
_____
ALYS
.
FRON
Assistant Attorney General
Environmental
Bureau
100W. Randolph Street, 11th Floor’
Chicago, Illinois 60601
(312)814-377,4
DATED: December 1, 1997
THIS
FILING IS
SUBMITTED ON RECYCLED PAPER
SERVICE
LIST
•
Dorothy Gunn, Clerk
Illinois PollutionControl Board
100
West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Deborah L. Frank,
Esq.
Hearing
Officer
Illinois Pollution Control Board
608
South Prospect Avenue
Champaign, Illinois 61820
Thomas Robinson, Esq.
2161
Sheridan Road
Zion,
Illinois
60099
RECEIVED
CL~RK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
DEC -11997
PEOPLE OF THE STATE OF ILLiNOIS,
)
STATE
OF ILLINOIS
)
POLLUTION
CONTROL
BOARD
Complainant,
)
)
PCB97-119
V.,
)
(Enforcement)
)
G & M TOTAL, INC., an Illinois
)
Corporation, GEORGE PAPAS, individually
)
and as
President of0
&
M Total, Inc.,
‘
)
)
Respondents.
)
REOUEST FOR ADMISSION OF FACTS
Pursuant
to
35111.
Adm Code 103.162(a), Complainant,
PEOPLE OF
THE
STATE
OF
ILLINOIS, hereby requests Respondent, GEORGE PAPAS, to admit the
truth
ofthe following
facts, in writing, under oath
within twenty
(20) days
from
the
date ofservice hereof.
INSTRUCTIONS
AND
DEFINITIONS
I.
With respect to anyrequested admissionwhich Respondent refuses to answer
because of a claim ofprivilege, provide a statement signed by an attorney representing
Respondent setting forth
as to each:
a.
the
nature
ofthe claim of privilege;
b.
the statute, rule or decision
which
is claimed to give rise to the claim of
privilege;
c.
all
facts relied upon in supportofthe claim ofprivilege;
d.
an identificationofall documents related’to the claim ofprivilege;
e.
an identificationof all persons havingknowledgeof
any
facts related to
the
claim
of
privilege;
and
f.
an identification ofall events, transactions or occurrences related to the
claim ofprivilege.
2.
“Illinois EPA” shall mean Illinois Environmental Protection Agency
3.
“Respondent” shall mean
George Papas.
4.
“0& M” shallmeanG&M Total, Inc.
5.
“Papas” shall mean George Papas.
6.
“OSFM”
shall mean Office ofthe State Fire Marshall.
7.
“IEMA”
shall mean Illinois Emergency Management Agency.
8.
“IESDA” shall mean Illinois Emergency Services Disaster Agency.
9.
“Site” shall refer to the property
and
any portion thereofdescribed
in
paragraphs
3
and 4 of
Count
I ofthe Complaint.
10.
“Release” means
any
spilling, leaking, pumping,
pouring, emitting, emptying,
discharging,
injecting, escaping, leaching, or disposing from a UST or UST system into
groundwater, surface water,
soil or subsurface soil.
11.
“UST” or “UST system” means an underground storage
tank,
connected
underground piping, underground ancillaryequipment,
and containment
system, ifany.
12.
“Regulated substance” means
any
“hazardous
substance” or “petroleum”.
13.
“Hazardous substance” meany
any
substance listed
in 40 CFR 320.4
(but not
including
any
substance regulated
by
thehazardous waste under 35 Iii. Adm. Code 721).
14.
“Petroleum” including crude
oil or
any
fraction therefore which
is liquid at
standard
conditions oftemperature
and pressure (60 degrees
Fahrenheit
and
14.7 pound per
square inch absolute),
includes,
but is not limited to, petroleum and petroleum-based substances
2
comprising a complex blend of hydrocarbons derived from crude oil through processes of
separation, conversion, upgrading and finishing, such as motor fuel,jet fuels, distillate fuel oils,
residual fuel oils, lubricants, petroleum solvents and used oil.
15.
‘
“Below ground release” means any release to the subsurface ofthe
land
and to
groundwater.
This includes, but is not limited to, releases from the below ground portions ofan
underground
storage tank system and below ground releases associated with overfihls and
transfer
operations as the regulated substance moves
from anunderground
storage
tank.
16.
“Or” shall mean
and/or
wherever appropriate.
17.
The singular
form
and
plural form shall
be construed interchangeably so as to
elicit
any
facts
or
information
which might otherwise be construed as outside their scope.
FACTS TO BE ADMITTED
Fact No.
1
Papas currently ownsthe
real
property located
at 2301
Sheridan Road, Zion, Lake
County, Illinois.
FactNo.2
Since at least October 5,
1988, Papas has
owned the real
property
located at 2301
Sheridan
Road, Zion, Lake County, Illinois.
FactNo.
3
Papas is currentlythe president ofG& M.
FactNo. 4
Papas
has been the
president ofG&M
since
at least June
12,
1990.
3
Fact
No~5.
Since at
least June
12,
1990, G &
M has
owned and
operated a
gas station located at 2301
Sheridan Road, Zion, Lake County, Illinois.
~ctNo~6.
G & M currently owns and operates a gas
station
located at 2301
Sheridan Road, Zion,
Lake
County, Illinois.
FactNo~1
On or about October
5,
1988, Papas signed and submitted to the OSFM aNotification for
Underground Storage’ Tanks for four (4) USTs.
Fact No~Z
On or about September 30,
1993, Papas signed and submitted to the OSFM a Notification
for Underground Storage Tanks for four (4) USTs.
FactNa~
From at least October 5,
1988 and continuing until at least May 1,
1995,
at least five
(5)
USTs and respective UST system were located at the Site.
E~actNoA~
Four (4) ofthe USTs located at the Site were utilized to store gasoline.
FactNo. 12
One (1) ofthe USTs located at the Site was utilized to store kerosene.
FactNo.13
On July
10,
1991, G &
M conducted a tightness test offour (4) of the USTs located at the
Site.
4
Fact No.
14
On July
10,
1991, one (1) ofthe USTs at the Site failed the tightness test.
FactNo. 15
On July
11, 1991, G
& M reported a releaseof
gasoline from the UST system at the Site
to
the IEMA, formerly known as IESDA.
Fact No.
16
On November 7, 1994, a subsurface boring test was performed on the Site.
Fact No.
17
On November 7, 1994, the results ofthe subsurface investigation produced evidence ofa
release ofgasoline and/or kerosene.
Fact No.18
On November 7,
1994, G & M reported a release of gasoline from a UST system at
the
Site to the IEMA, formerly known as JESDA.
FactNo. 19
On or about May
1,
1995,
at least five
(5)
USTs and respective UST system were
removed from the Site.~
Fact No. 20
Papas did not provide a 20
day report, as
described in
35
Ill. Adm. Code 731.162, to the
Illinois EPA within 20 days after confirmation ofthe release reported on or about July
11,
1991.
Fact No.21
G&M did notprovide a 20 day report, as described in 35 Ill.
Adm. Code 73 1.162,
to the
IllinoisEPA
within 20 days after
confirmation ofthe release reported on or about July 11, 1991.
5
1~_~.~
Fact
No~22
Papas did not provide a 20 day report, as described in 35111.
Adm. Code 73 1.162, to the
IllinoisEPAwithin 20 days after confirmationofthe release reported on or aboutNovember 7,
1994.
FactNo.2a
G &M didnotprovide a 20 day report, as described in 35 Ill. Adm. Code 73 1.162, to the
IllinoisEPA within 20 days afterconfirmation of
the release reported on or aboutNovember 7,
1994.
~ctNo.24
On or aboutMay 17, 1996, G&M submitted to the IllinoisEPA a20 day report, as
described
in
35 Ill. Adm. Code 73 1.162.
Fact
No~25~
Papas
did not provide a 45 day report,
as described in 35
Ill. Adm. Code 731.163
to the
IllinoisEPA within 45 days
after confirmation of the release reported on or about
July
11,
1991.
Fact No.2~6
G&M didnotprovide a 45 day report, as described in 35 Iii. Adm. Code731.163, to the
Illinois EPA within 45
days after
confirmation
of the release reported on or about July
11,
1991.
Fact
No.21
Papas did not provide a 45 day report, as described in 35111.
Adm. Code 73 1.163, to the
Illinois EPA within 45 days after confirmation ofthe release reported on or about November 7,
1994.
6
Fact No.
28
G & M did not provide a 45 day report, as described in 35
III.
Adm. Code 731.163, to the
illinois
EPA within 45 days after
confirmation
ofthe release reported on or about November 7,
1994.
Fact No.
29
On or about March 27,
1996,
G & M
submitted
to the Illinois EPA a 45
day report, as
described in 35
III. Adm. Code
73 1.163.
FactNo~3ft.
By letter dated August 23,
1996,
the Illinois EPA informed Papas that the Illinois EPA
did not receive the 45 day report dated March 27,
1996, until May
1,
1996.
PEOPLE OF THE STATE OF ILLiNOiS
JAMES E.RYAN
Attorney General
State
ofIllinois
MATTHEW J. DUNN,
Chief
Environmental Enforcement\Asbestos
Litigation Division.
WILLIAM D. SEITH, Chief
Environmental Bureau
BY:______
ALYS~L.FRON
Assista~Attorney General
Environmental Bureau
100 West Randolph St.,
11th Fir.
Chicago, Illinois 60601
(312) 814-3774
c:\g&rn\request2
7
CERTIFICATE OF SERVICE
I, ALYSSA L. FRON, an Assistant
Attorney
General in this
case,
do
certify
that I
caused
to be mailed this
1st day ofDecember,
1997, the foregoing Notice ofFiling,
Request for
Admission ofFacts, Complainant’s First Set ofInterrogatories, and Complainant’s First Request
for Production ofDocuments upon:
Thomas Robinson, Esq.
Deborah L. Frank, Esq.
2161
Sheridan Road
Hearing Officer
Zion, Illinois 60099
608 South Prospect Avenue
Champaign, Illinois 61820
by placing
same in an envelope, postage prepaid, and depositing same with the United States
Postal Service
at
100 West Randolph
Street, Chicago, Illinois;
and
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
by hand
delivery.
FRON
CERTIFICATE OF SERVICE
I,
ALYSSA
L. FRON,
an Assistant Attorney General in
this case, do
certify that
1
caused
to be mailed this .1st day ofDecember, 1997, the foregoing Notice ofFiling, Request for
Admission of Facts, Complainant’s First Set ofInterrogatories,
and
Complainant’s First Request
for Production ofDocuments upon:.
Thomas Robinson, Esq.
2161 SheridanRoad
Zion,
Illinois 60099
Deborah L. Frank, Esq.
Hearing Officer
608 South Prospect Avenue
Champaign, Illinois 61820
by placing same in an envelope, postage prepaid, and depositing same with the United States
Postal Service at
100 West Randolph Street, Chicago,
Illinois; and
Dorothy Gurin, Clerk
Illinois Pollution Control Board
100 West Randolph
Street
Suite
11-500
Chicago, Illinois 60601
.
by hand
delivery.
AL
FRON
CERTIFICATE
OF SERVICE
I, KATHERINE A.
KELLY,
an Assistant Attorney General,
do
certify that
I caused to be mailed this
5th
day of August,
2003,
•the foregoing MOTION and NOTICE by first-class mail in a postage
prepaid envelope and depositing same with the United States
Postal Service located at 100 West Randolph Street,
Chicago,
Illinois,
60601.
~bb~
A.
/(~JJ
