CLERK~’i)~
    OCT
    142003
    STATE OF 1LL!NOiS
    Pollution Control Eoara
    ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    )
    No. PCB 04-226
    v.
    P & J SUPER AUTO BODY SHOP, INC.
    an Illinois Corporation, and JULIO
    GALLEGOS, an Illinois resident,
    Respondent.
    NOTICE OF FILING
    TO: Bridget M. Carison
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street
    Suite 2001
    Chicago, IL 60601
    PLEASE TAKE NOTICE that I have today filed Respondentts
    Answer to Complaint with the Office of the Clerk of the
    Illinois Pollution Control Board, a true and correct copy of
    which is attached hereto and herewith served upon you.
    P & J SUPER AUTO BODY SHOP, INC.
    and
    JULIO GALLEGOS,
    BY:
    ~
    /
    ~
    Ross J. Helfand
    Attorney for Respondent
    Ross J. Helfand
    Attorney for Respondent
    555 Skokie Boulevard
    Suite 595
    Northbrook, IL 60062
    847-256-3200
    Atty. No. 35392
    CLERK’S OFFICR
    OCT
    142003
    STATE OF lLL!NCJ~
    ILLINOIS POLLUTION CONTROL BOARD
    ~oIlut~on Control
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    )
    No. PCB 04-226
    v.
    P & J SUPER AUTO BODY SHOP, INC.
    an Illinois Corporation, and JULIO
    GALLEGOS, an Illinois resident,
    Respondent.
    RESPONDENT’S ANSWER TO COMPLAINT
    Respondent, P & J SUPER AUTO BODY SHOP, INC., and JULIO
    GALLEGOS, by and through their attorney, Ross J. Helfand,
    answer the Complaint as follows:
    COUNT I
    1. Respondent admits the allegation in paragraph 1.
    2. Respondent admits the allegation in paragraph 2.
    3. Respondent admits the allegations in paragraph 3.
    4. Respondent admits the allegations in paragraph 4,
    including the allegation that he has knowledge of the
    environmental violations alleged. However, Respondent
    asserts that he was never aware that he or P&J was committing
    any violation prior to when he was contacted by the Illinois
    EPA or the Attorney General’s Office.
    5. Respondent admits the allegtions in paragraph 5.
    6. Respondent admits the allegation in paragraph 6.
    7. Respondent admits the allegation in paragraph 7.
    8. Respondent admits that the language alleged to be
    contained in the Section cited is accurate.
    9. Respondent admits that the language alleged to be
    contained in the Section cited is accurate.
    10. Respondent admits only that P & J is a corporation
    and that Julio Gallegos is an individual. Beyond this,
    Paragraph 10 contains legal conclusions only and contains no
    further factual allegations for Respondent to admit or deny.
    11. Paragraph 11 contains no factual allegations for
    Respondent to admit or deny.
    WHEREFORE, Respondents, P & J SUPER AUTO BODY SHOP,
    INC., and JULIO GALLEGOS, request that the Board refrain from
    imposing any civil penalty upon Respondents in light of the
    factors which the Board is required to take into
    consideration, pursuant to 415 ILCS 5/33(c) and 415 ILCS
    5/42 (h)
    COUNT II
    10. Respondent denies the allegation in Paragraph 10.
    On April 24, 2003, Respondent posted the required written
    notice and thus fully complied with Section 55.8(a) (3).
    11. Respondent admits that the language alleged to be
    contained in the Section cited is accurate.
    12. Respondent neither admits nor denies the allegation
    in paragraph 12.
    WHEREFORE, Respondents, JULIO GALLEGOS and P & J SUPER
    AUTO BODY SHOP, INC., request that the Board refrain from
    imposing any civil penalty upon Respondents in light of the
    factors which the Board is required to take into
    consideration, pursuant to 415 ILCS 5/33 (c) and 415 ILCS
    5/42 (h)
    COUNT III
    10. Respondent admits that the language alleged to be
    contained in the Section cited is accurate.
    11. Respondent admits the allegations in paragraph 11.
    12. Respondent denies the allegation in paragraph 12 in
    that it fails to specify any period in excess of 90 days for
    which Respondents have stored used or waste tires.
    WHEREFORE, Respondents, P & J SUPER AUTO BODY SHOP,
    INC., request that the Board dismiss Count III.
    Respectfully submitted,
    Ross J. Helfand
    Attorney for Respondents
    VERIFICATION
    Under penalty of perjury as provided by law pursuant to
    Section 1-109 of the Code of Civil Procedure, the undersigned
    certifies that his statements which are set forth in the
    foregoing instrument are true and correct to the best of his
    knowledge.
    Ross J. Helfand
    Attorney for Respondents
    555 Skokie Boulevard
    Suite 595
    Northbrook, IL 60062
    847-256-3200
    Atty. No. 35392
    Ross J. Helfand
    Attorney for Respondents
    555 Skokie Boulevard
    Suite 595
    Northbrook, IL 60062
    847-256-3200
    Atty. No. 35392

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