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BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
~ 1LLIN°~
~
~oacd
THE VILLAGE OF LOMBARD,
)
ILLINOIS,
an
Illinois
municipality corporation,
)
)
Complainant,
)
PCB No. 04-213
)
(LUSTS
-
Cost Recovery)
v.
)
BILL’S AUTO CENTER,
)
BILL’S STANDARD SERVICE
)
and WILLIAM KOVAR,
)
)
Respondents.
)
NOTICE
OF
FILING
TO:
Bill’s Auto Center
Bill’s Standard Service
330 South Main Street
do
William Kovar
Lombard, Illinois
60148
330 South Main Street
Lombard,
Illinois 60148
William Kovar
330 South Main Street
Lombard,
Illinois 60148
PLEASE TAKE
NOTICE
that today
I
filed
with
the
Clerk
of the
Illinois
Pollution
Control
Board
a
copy
of
the
ANSWER
TO
RESPONDENTS’
AFFIRMATIVE
DEFENSES
upon you, a copy of which
is
rved
y
u along with
this
notice.
One of Comp ainant’s Attorneys
Dennis G. Walsh
Jacob Karaca
KLEIN, THORPE AND JENKINS, LTD.
20 North Wacker
Drive,
Suite 1660
Chicago,
Illinois
60606
(312) 984-6400
Atty.
No. 90446
Dated:
August 17,
2004
PROOF
OF SERVICE
I,
Jacob
Karaca,
an
attorney,
certify
that
I
served
this
Notice
of
Filing
and
attachments,
by mailing to persons on the Service
List above,
placed
in envelopes, with
proper
postage
pre-paid,
addressed to said
persons,
and
depositing
the
same
in
the
U.S.
Mail-chute
at
20
North
Wacker
Drive,
Chicago,
Illi
is
60606-2903,
at or before
5:00 p.m.
on August 17,
2004.
RECE~VE~
CLERK’S OFFICE
AUG
172004
BEFORE THE ILLINOIS
POLLUTION CONTROL BOA~ATE
OF ILLINOIS
roijution Control Board
THE VILLAGE OF LOMBARD,
)
ILLINOIS,
an Illinois
)
municipality corporation,
)
)
Complainant,
)
PCB
No.
04-213
)
(LUSTS
-
Cost Recovery)
v.
)
)
BILL’S AUTO CENTER,
)
BILL’S STANDARD SERVICE
)
and WILLIAM
KOVAR,
)
)
Respondents.
ANSWER TO RESPONDENTS’ AFFIRMATIVE
DEFENSES
The Complainant, VILLAGE OF LOMBARD (the “Village”),
by and through
its attorneys,
Klein,
Thorpe and Jenkins,
Ltd., answers the
Respondents’,
BILL’S
AUTO
CENTER,
BILL’S
STANDARD
SERVICE
and
WILLIAM
KOVAR
(collectively referred
to
hereinafter as the
“Respondents”),
Affirmative
Defenses
as follows:
GENERAL OBJECTIONS
All
of
Respondents’
Affirmative
Defenses
contain
legal
conclusions
instead of factual
allegations,
and,
therefore,
require
no answer.
To
the
extent
any factual allegations are alleged, the Village denies the same.
ANSWERS TO AFFIRMATIVE DEFENSES
I.
The alleged
contamination,
and
any costs or damages
incurred by
complainant, were caused
solely by the
acts and/or omissions of
a
third party (or third parties) other than
Respondents.
ANSWER:
Denied.
2.
Complainant’s
costs,
if any,
incurred
in
responding
to
the
alleged
contamination
are
excessive
and
not
recoverable
from
Respondents.
ANSWER:
Denied.
3.
The
alleged
contamination
is
a
preexisting
condition
for
which
Respondents are not responsible.
ANSWER:
Denied.
4.
Complainant suffered
no losses or damages, and
incurred no costs,
that were proximately caused by Respondents.
ANSWER:
Denied.
5.
Complainant’s
claims
are
barred
to
the
extent
it
has
failed
to
mitigate
its
damages and costs.
ANSWER:
Denied.
6.
Respondents
reserve
their
right
to
assert
and
rely
upon
other
affirmative defenses which may become apparent during discovery
of this
case,
and
reserves
its
right to
amend
its
answer to
assert
such further affirmative defenses.
ANSWER:
Denied.
Respectfully submitted,
VILLAGE OF LOMBARD
Dennis G. Walsh
Lance
C.
Malina
Jacob
H.
Karaca
Klein, Thorpe
and Jenkins,
Ltd.
20
North Wacker
Drive
Suite
1660
Chicago,
Illinois 60606-2903
312-984-6400
312-984-6444 Fax
Dated: August 17,
2004
