K E C ~
Cl
ERK~SOFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
OCT
202003
Mr. Martin E.
& Kathy L.
Geber
)
s~rEOF ILLINOIS
)
Pollution Control Board
Complainants,
)
)
v.
)
PCB 03-96
)
Carri Scharf Trucking and Materials,
)
Carri Scharf Materials Company, and
)
East Side Materials, L.L.C.
)
)
Respondents.
)
ANSWER TO
AMENDED COMPLAINT
BY
EAST SIDE MATERIALS, L.L.C.
NOW COMES the Respondent, East Side Materials,
by and through its attorney, Clayton
W. Moushon and for its Answer to
the Amended Complaint states as follows:
1.
East
Side
Materials,
LLC, hereinafter referred
to
as East
Side,
DENIES each and
every
allegation set forth in Paragraph
1
of the Amended Complaint.
2.
Paragraph 2 of the Amended Complaint does not make any allegations but only alleges that
the Complainant has been documenting
noises.
To the extent Paragraph 2 ofthe Amended
Complaint makes any allegations, East Side
denies such allegations;
3.
Paragraph 3 ofthe Amended Complaint does not make any allegations but only alleges that
the Complainant home vibrates.
To
the extent Paragraph
3
of the Amended Complaint
makes any allegations, East
Side denies such allegations;
4.
Paragraph 4of the Amended Complaint does not make any allegations but
only states the
Complainant opinion of how the Complainants feel the “operation” should be managed.
To the extent that Paragraph 4 ofthe Amended Complaint makes any allegations, East Side
denies such allegations.
Respectfully Submitted
Ea
,$‘dè
~teria1s,
LLC
By: clayton W. Moushon, Attorney
PROOF OF SERVICE
Under the penalties asprovided by law pursuant to
735
ILCS
5/1-109
ofthe Illinois Code of
Civil
Procedure,
the
undersigned
certifies
that
the
foregoing
ANSWER
TO
AMENDED
COMPLAINT
was served upon all parties to the above cause ortl~attorney(s)ofrecord herein at
the respective address(es) disclosed on the pleadings on the
/
/
~-~5äy
ofOctober, 2003.
TO:
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600
S. Second
Street, Suite 402
Springfield, IL 62704
Martin E. and Kathy I. Geber
Ms.
Dorothy Gunn
116 Donald Court
Clerk of the Board
East Peoria, IL
61611
100 W. Randolph St., Suite 11-500
Chicago, Illinois 60601
BY:
x
U.S. Mail
Fax
Hand Delivered
Overnight Courier
Certified Mail
Other
~
Clayton W. Moushon, Esq
12025 N.
State Route 40,
Suite 104
Dunlap, Illinois, 61525
Off: (309) 243-1005
Fax: (309) 243-5098
Illinois ARDC
#6192933