RECE1IVEID
CLF~’s
omc~
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
SEP
2 2
2003
PEOPLE OF THE STATE OF ILLiNOIS,
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
)
-vs-
)
No. 04-7
)
(Enforcement
—
Air)
4832 S. VINCENNES, L.P., an Illinois
)
limited partnership, and
)
BATTEAST CONSTRUCTION COMPANY OF
)
ILLINOIS, INC., an Illinois corporation,
)
)
Respondents.
)
)
NOTICE OF
FILING
To: See
Attached SERVICE
LIST
PLEASE TAKE NOTICE that I have todayfiled with the Office ofthe Clerk ofthe
Pollution Control Board BATTEAST CONSTRUCTION’S COMPANY
OF
ILLINOS Motion to Dismiss
and Appearance ofZACHARY
HAMILTON, a
copy of
which i herewith ~
Name o Attorney or Other Representative
Date: 9/22/2003
Name: Zachary Hamilton
Address: 3340 E. Forestview Trail
Crete, IL 60417
Telephone Number: (708) 672-3190
CERTIFICATE OF SERVICE
I,the undersigned, certify that I have served the attached BATTEAST
CONSTRUCTION’S
COMPANY
OF
ILLINOS
Motion to
Dismiss and Appearance
of ZACHARY HAMTLTON, by personal service upon B. Halloran and Paula Becker
Wheeler and U.S. Mail upon GregoryV. Miller with postage prepaid, upon the following
persons:
See
Attached
SERVICE
LIST
RECEIVED
CLI~K1SOFF~1CE
BEFORE ~iliE
ILLINOIS
POLLUTION CONTROL BOA9~
E p 22 2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
)
-vs-
)
No. 04-7
)
(Enforcement
—
Air)
4832 S. VINCENNES, L.P., an Illinois
)
limited partnership, and
)
BATTEAST CONSTRUCTION COMPANY OF
)
ILLiNOIS, INC., an Illinois corporation,
)
)
Respondents.
)
)
MOTION TO DISMISS
NOW COME the Respondent, BATTEAST CONSTRUTION COMPANY OF
ILLiNOIS, INC. (“BATTEAST”) by and through its attorney, Zachary Hamilton, and
hereby moves this Honorable Board to dismiss Complaintant’s Complaint pursuant to 35
Ill. Adm. Code 101.Subpart E and in support thereofRespondent state as follows:
1.
On July 14, 2003, the Complaintant file a complaint against respondent
BATTEAST, complainting,
inter alia,
that BATTEAST that was “the
operartor and manager ofthe renovation ofthe site.”
2.
The site is located at 4832 South Vincennes Avenue, Chicago, IL.
3.
BATTEAST was not the operator and manager of said site.
WHEREFORE, Respondent, BATTEAST CONSTRUTION COMPANY OF
ILLINOIS, INC., respectfully asks this Honorable Board to dismiss Complaintant’s
Complaint with prejudice and also grant such other legal or equitable relief as the
Board deems appropriate.
I
I~E
CE ~V ED
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOATR~pKSOFF!CE
PEOPLE OF THE STATE OF ILLINOIS,
)
SEP 22 2003
Complainant,
STATE OF ILLINOIS
-VS-
))
No. 04-7
Pollution Control Board
)
(Enforcement
—
Air)
4832 S. VINCENNES, L.P., an Illinois
)
limited partnership, and
)
BATTEAST CONSTRUCTION COMPANY OF
)
ILLINOIS, INC., an Illinois corporation,
)
)
Respondents.
)
)
APPEARANCE
The undersigned Attorney hereby enters his appearance as counsel for the
Respondent, BATTEAST CONSTRUCTION COMPANY
OF ILLINOIS,
in the
above referenced cause.
Respectfully Submitted,
Z~9HARy41IAMJLTON
Zachary Hamilton
Attorney for Batteast
Construction Company ofIllinois
AttyNo.: 33232
3340 E. Forestview Trail
Crete, IL 60417
(708) 672-3190
SERVICE LIST
B. Halloran, Hearing Officer
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
Paula Becker Wheeler, Assistant State’s Attorney
188 West Randolph, 20th Floor
Chicago, IL 60606
Gregory V. Miller, Esq.
Miller and Ferguson
9415 South State Street
Chicago, IL 60619