RECEIVED
CLERK’S OFFICE
OCT 22
200k
STATE OF ILUNOIS
OFFICE OF
STATE
THE ATTORNEY
OF ILLINOIS
GENERAL
Pollution ConttOt Board
Lisa Madigan
ATTORNEY GENERAL
October 20, 2004
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. Michael Collins, dibla C & R Construction
PCB No. 05-14
Dear Clerk Gunn:
Enclosed forfiling please find the original and ten copies of a NOTICE OF FILING and
RESPONSE TO AFFIRMATIVE DEFENSE in regard to the above-captioned matter. Please file
the originals and return file-stamped copies of the documents to our office in the enclosed self-
addressed, stamped envelope.
Thank you for your cooperation and consideration.
Very truly yours,
•
Phillip McQuillan
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
PM/pp
Enclosures
500 South Second Street. Springfield. Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago. Illinois 60601
•
(312) $14-300()
•
TT\: (312) 814-3374
•
Fax: (312) 814-3806
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Illinois 62901
(6i~)~‘9 6400
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BEFORE THE ILLINOIS POLLUTION CONTROL
CLERK’S OFFICE
PEOPLE OF THE STATE OF
)
OCT 222004
ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
)
Pollution
Control Board
vs.
)
PCB No. 05-14
MICHAEL COLLINS,
dlbla
C & R
)
CONSTRUCTION,
•
Respondent.
NOTICE OF FILING
To:
Michael Collins
R. Black
22 Loisel
Attorney for Respondent
East St. Louis, IL 62201
P.O. Box 1894
Fairview Heights, IL 62208
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a RESPONSE TO AFFIRMATIVE DEFENSE, a copy of which
is attached hereto and herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:_____________________
THOMAS DAVIS, Chief
Assistant Attorney General
Environmental Bureau
Phillip McQuillan
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: October 20, 2004
CERTIFICATE OF SERVICE
I hereby certify that I did on October 20, 2004, 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 NOTICE OF FILING and RESPONSE TO AFFIRMATIVE
DEFENSE:
To:
Michael Collins
R. Black
22 Loisel
Attorney for Respondent
East St. Louis, IL 62201
P.O. Box 1894
Fairview Heights, IL 62208
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution ContrOl Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to:
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
THOMAS DAVIS, Chief
Assistant Attorney General
This filing is submitted on recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECE~VED
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
OCT 22 2004
•
STATE OF ILLINOIS
Complainant,
)
POII~ti~nControl Board
v.
)
PCBNO~
•
)
(Enforcement)
MICHAEL COLLINS,
d/bla
C & R
)
CONSTRUCTION,
Respondent.
RESPONSE TO AFFIRMATIVE DEFENSE
Complainant, the PEOPLE OF THE STATE OF ILLINOIS, by Lisa Madigan, Attorney
General of the State of Illinois, responds to Respondent’s affirmative defense and states as
follows:
1.
Complainant denies that a two year statute of limitations applies to the matters
alleged herein and for authority cites
Pielet Bros. Trading, Inc., v. Pollution Control Board,
110 Ill.
App.3d 752, 442 N.E.2d 1374, 66 Ill.Dec. 461 (5ti~Dist. 1982).
2.
Complainant denies “that the complaint fails to state a cause of action.”
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MAD IGAN
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY: /~&~
PHILL McQ
“~A1_~
ILLA
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: October 19, 2004
