MILLER,
ROBERT
HOLLIS MILLER
(RET.)
TELEPHONE:
309-671-9600
—
TELEFAX:
309-671-9616
ROBERT
C. HALL
*
EMP. ID
NO.
37-1 242916
DENNIS
R.
TRIGGS
**
WILLIAM
R.
KOHLHASE
PEORIA,
PATRICK A. MURPHEY
MICHAELJ. TIBBS
RICHARD M. JOSEPH
***
*
ALSO
LICENSED
IN FLORIDA
THOMAS
R.
DAVIS
**
ALSO
UCENSED IN
DISTRICT
NATHAN
R.
MILLER
OF COLUMBIA
JAY E.
GREENING
***
ALSO UCENSED IN WISCONSIN
SCOTT A.
BRUNTON
JEFFREY E. KRUMPE
ANDREW L.
KILLIAN
RE
~
El
‘~j~~
CLERK’S OFF,~
Direct email:
william.kohlhase@mhtla~.Vo~
5
2002
STATE O~IWNOIS
Pollut~0,,
Control Board
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
Suite 11-500
100
West Randolph
Chicago, Illinois 60601-3218
Re:
People ofthe State qfihinois v.
Blue Ridge Construction Corporation
Illinois Pollution Control Board
Case No. PCB No. 02-115 (Enforcement
—
Air, Water)
Dear Clerk Gunn:
Enclosed for filing
please find
the original
and
nine copies of a
Notice of Filing,
Appearance,
and
Answer.
We have
also
enclosed
one
additional
copy of each of
those
documents which
we ask that you
file stamp
and
return in
the enclosed self-
addressed, stamped envelope.
Sincerely yours,
William R. Kohihase
For Miller,
Hall &
Triggs
WRK:nh
Encs.
August 2, 2002
RECEIVED
CL~RK’5OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~4UG
~
-
2002
STATE
OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
P~Ilution
Control
Board
)
Complainant,
)
)
vs.
)
PCB NO.
02-115
)
(Enforcement
—
Air, Water)
BLUE RIDGE CONSTRUCTION CORPORATION,
)
An Illinois corporation,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Delbert
D.
Haschemeyer,
Assistant
Attorney
General,
500
South
Second
Street,
Springfield, Illinois 62706
PLEASE
TAKE
NOTICE
that
on
this
date
I
mailed
for
filing
with
the
Clerk of the
Pollution Control Board ofthe
State of Illinois, an Answer
and Appearance,
copies
of
which are
attached hereto and herewith served upon you.
DATED:
August 2, 2002.
Blue Ridge Construction Corporation, Respondent
BY:____
William R. Kohihase
for Miller, Hall & Triggs, Its Attorneys
William R.
Kohlhase
Miller, Hall &
Triggs
416
Main Street
—
Suite 1125
Peoria, Illinois
61602
Telephone:
(309) 671-9600
CERTIFICATE OF SERVICE
I
hereby
certify
that
I
did
on
August
2,
2002,
send
by
first-class
mail,
with
postage
thereon fully prepaid, by depositing in a United States Post Office box a true and correct copy of
the following instruments entitled Answer and Appearance to:
Delbert D. Haschemeyer
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
and the original and nine copies by first-class mail with postage thereon fully prepaid ofthe same
instruments to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois
60601-3218
William R. Kohlhase, for Miller, Hall & Triggs
RECEIVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
AUG
5
-
2002
STATE OF IWNOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control
Board
)
Complainant,
)
)
vs.
)
PCB NO. 02-115
)
(Enforcement
—
Air, Water)
BLUE RIDGE CONSTRUCTION CORPORATION,
)
An Illinois corporation,
)
)
Respondent.
)
ENTRY OF APPEARANCE
William R. Kohlhase of the firm ofMiller, Hall &
Triggs hereby enters his appearance on
behalfofrespondent, Blue Ridge Construction Corporation.
DATED:
August 2, 2002.
BY:___
William R. Kohlhase
for Miller, Hall & Triggs
William R. Kohihase
Miller, Hall &
Triggs
416 Main Street
—
Suite 1125
Peoria, Illinois
61602
Telephone:
(309) 671-9600
RECEIVED
CLERK’S
OFFT(~
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
,~,~
I-1uL.~~2oo2
STATE OF ILU~
PEOPLE OF THE STATE OF ILLINOIS,
)
POllUtiON
Contro/
Board
Complainant,
)
)
vs.
)
PCB NO. 02-115
)
(Enforcement
—
Air, Water)
BLUE RIDGE CONSTRUCTION CORPORATION,
)
An Illinois corporation,
)
)
Respondent.
)
ANSWER
Respondent Blue Ridge Construction Corporation, by its attorneys, Miller, Hall & Triggs,
for its answer to the complaint states:
COUNT I
1.
It admits the allegations ofparagraph 1.
2.
It admits the allegations ofparagraph 2.
3.
It admits the allegations ofparagraph 3.
4.
It admits that during 2001
it performed some work in
an area where the roofhad
collapsed
at
the
former
dining
hall
at
the
old
Bartonville
Mental
Health
Facility
in
Peoria
County, Illinois.
Otherwise, it denies the allegations ofparagraph 4.
5.
It admits the allegations ofparagraph
5.
6.
It admits the allegations ofparagraph 6.
7.
It admits the allegations ofparagraph 7.
8.
It denies the allegations ofparagraph 8.
WHEREFORE,
respondent Blue Ridge Construction
Corporation requests
that Count
I
be dismissed with prejudice.
COUNT II
1 .-4.
Respondent realleges and incorporates by reference paragraphs
1
through
4 of its
answer to Count I as paragraphs
1
through 4
ofits
answer to
Count II.
5.
It admits the allegations of paragraph
5.
6.
It admits the allegations of paragraph 6.
7.
It admits the allegations ofparagraph 7.
7.
sic
It admits the allegations ofparagraph 7.
sic
8.
It admits
the allegations ofparagraph 8.
9.
It admits there was not a thorough inspection, but otherwise denies the allegations
ofparagraph 9.
10.
It
admits
that
it failed to
submit a
written notification,
but
otherwise denies the
allegations ofparagraph
10.
11.
It admits that it failed to remove all RACM before it commenced its
activities, but
otherwise denies the allegations ofparagraph 11.
12.
It admits that during its activities in the dining hall it failed to wet and maintain as
wet
all
RACM
and
regulated
asbestos-containing
waste
material,
but
otherwise
denies
the
allegations ofparagraph
12.
2
13.
It admits that during its
activities in the dining hail it did not have a representative
trained in the provisions ofthe NESHAP, but otherwise denies the allegations ofparagraph
13.
14.
It admits that during its
activities
in the dining hail,
it failed to wet,
and maintain
as wet, asbestos-containing material, but otherwise denies the allegations ofparagraph
14.
WHEREFORE,
respondent Blue Ridge Construction Corporation requests
that Count II
be dismissed with prejudice.
COUNT III
1 .-4.
Respondent realleges and incorporates by reference paragraphs
1
through 4 of its
answer to Count I as paragraphs
1
through 4
ofits answer to
Count III.
5.
It admits the allegations ofparagraph
5.
6.
It admits
the wooden desks, pipe, and metal were
deposited on its
property as
a
result ofits activities within the dining hail, but otherwise denies the allegations ofparagraph 6.
WHEREFORE,
respondent Blue Ridge Construction Corporation requests that Count III
be dismissed with prejudice.
COUNT IV
1 .-4.
Respondent realleges and incorporates by reference paragraphs
1
through
4 ofits
answer to Count I as paragraphs
1 through 4 of its answer to Count IV.
3
5.
It admits
the allegations ofparagraph
5.
6.
It denies the allegations ofparagraph 6.
WHEREFORE,
respondent Blue Ridge
Construction
Corporation requests
that
Count
IV be dismissed with prejudice.
Blue Ridge Construction Corporation, Respondent
BY:___
William R. Kohihase
for Miller, Hall &
Triggs, Its Attorneys
William R. Kohlhase
Miller, Hall & Triggs
416 Main Street
—
Suite
1125
Peoria, Illinois
61602
Telephone:
(309) 671-9600
4
