1. COUNT II
    2. COUNT III
    3. COUNT IV
    4. COUNT V
    5. CERTIFICATE OF SERVICE
RECENVED
CLERK’S OFFICE
ILLINOIS POLLUTION
CONTROL BOARD
JUL
262004
PEOPLE OF THE STATE OF ILLINOIS
)
STATE OF ILLINOIS
)
PoIIut~onControl Board
Complainant,
)
)
v.
)
PCB 04-8 1
)
)
)
)
EMMETT UTILITIES, INC. an Illinois
)
Corporation,
and RUSSELL D. THORELL,
)
individually and as president ofEMMETT
)
UTILITIES, INC.,
)
)
)
Respondents.
)
ANSWER
OF
DEFENDANT, RUSSELL D.
THORELL
Defendant Russell D. Thorell, by his attorney, John M. Myers, answers the
complaint as follows:
COUNT I
1.
This Defendant admits the allegations
contained in paragraph
1.
2.
This Defendant admits the allegations
contained in paragraph 2.
3.
This Defendant admits the allegations contained in paragraph 3.
4.
This Defendant admits the allegations in the first sentence ofparagraph 4
and denies the allegations contained in the second sentence in paragraph 4.
5.
This Defendant admits the allegations
contained in paragraph
5
except for
the allegation that Defendant Thorell
“owns and operates a public water supply and waste
water treatment system”, which he denies.
6.
This Defendant admits the allegations contained in paragraph 6 except for
the last sentence thereof, which he denies. Further answering, this Defendant states that
the 1996
action was dismissed, and that the 2001
action resulted in finding ofno
liability
on the part of Defendant Thorell.
7.
This Defendant admits the allegations containedin paragraph 7.
8.
This Defendant admits the allegations contained in paragraph 8.
9.
This Defendant admits the allegations contained in paragraph 9.
10.
This Defendant admits the allegations
contained in paragraph
10.
11.
This Defendant is without sufficient knowledge to form a belief as to the
truth ofthe allegations
in paragraph 11, and therefore denies them.
12.
This Defendant admits the allegations contained in paragraph
12. However,
this Defendant
states that in
fact the well pump was fixed within the matter ofa couple of
days.
13.
This Defendant admits that the malfunction ofthe pump resulted in a
temporary total water outage, and denies the remaining allegations in paragraph 13.
14.
This Defendant denies the allegations
contained in paragraph 14.
15.
This Defendant admits the allegations
contained in paragraph
15.
16.
This Defendant denies the allegations contained in paragraph
16
COUNT II
1-12
This Defendant incorporates
its answers to
paragraphs
1 through
12 of
Count I
for its answers to paragraph 1-12 of Count II.
13.
This Defendant admits the allegations contained in paragraph 13.
14.
This Defendant denies the allegations contained in paragraph
14.
15.
This Defendant denies the allegations contained in paragraph
15.
16.
This Defendant denies the allegations contained in paragraph
16.
17.
This Defendant admits that Emmett Utilities, Inc. was previously
adjudicated in violation of Section
18 ofthe Act and denies the remaining allegations
contained in paragraph 17.
18.
This Defendant denies the allegations contained in paragraph 18.
COUNT III
1-7.
This Defendant realleges
its answers to paragraphs
1 through 7 of Count I
for its answers to paragraphs
1-7 ofthis Count III.
8.
This Defendant admits the allegations contained in paragraph 8.
9.
This Defendant admits the allegations contained in paragraph 9.
10.
This Defendant admits the allegations contained in paragraph
10.
11.
This Defendant admits the allegations contained in paragraph 11.
12.
This Defendant denies the allegations contained in paragraph
12.
13.
This Defendant denies the allegations contained
in paragraph
13.
14.
This Defendant denies the allegations contained
in paragraph
14.
15.
This Defendant denies the allegations
contained in paragraph 15.
16.
This Defendant admits that Emmett Utilities, Inc. was previously
adjudicated in violation of Section
18 ofthe Act and denies the remaining allegations
contained in paragraph
16.
17.
This Defendant denies the allegations
contained in paragraph
17.
COUNT IV
1-7.
This Defendant realleges its answers to paragraphs 1 through 7 ofCount
I
for its answers to paragraphs
1-7 ofthis Count
IV.
8-13.
This Defendant realleges its answers to paragraphs
8 through
13
ofCount
III for its answers to paragraphs 8-13 of this Count IV.
14.
This Defendant admits the allegations contained in paragraph 14.
15.
This Defendant denies the allegations contained in paragraph 15.
16.
This Defendant denies the allegations contained in paragraph 16.
17.
This Defendant admits that Emmett Utilities, Inc. was previously
adjudicated in violation of Section
18 ofthe Act and denies the remaining allegations
contained in paragraph 17.
18.
This Defendant denies the allegations
contained in paragraph 18.
COUNT V
1-7.
This Defendant realleges its answers to paragraphs
1
through 7 of Count I
for its answers to paragraphs lthrough7 ofthis Count V.
8-13.
This Defendant realleges
its answers to paragraphs
8 through
13 of Count
III for its answers to paragraphs 8 through
13 ofthis Count V.
14.
This Defendant denies the allegations contained in paragraph 14.
WHEREFORE, Defendant demands judgment in its favor.
Respectfully Submitted,
Emmett
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy ofthe ANSWER
OF
DEFENDANT, EMMETT UTILITIES, INC.
was served upon all counsel ofrecord by
placing same in the United States Post Office mail box, postage prepaid in
Springfield,
Illinois on July 22, 2004 and addressed to:
Thomas Davis, Assistant Attorney General
Office ofthe Attorney General
Environmental Bureau
188 W. Randolph Street, 20th Floor
Chicago, IL 60601
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box
19274
Springfield, IL 62794-9274
and that the original and 9 copies were filed with the Clerk ofthe Pollution Control
Board.

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