BEFORE THE ILLINOIS POLLUTION CONTROL

BO~’P

~V ~

~RK’S OFFICE

STATE OF ILLINOIS

PoHution Control Board

PEOPLE OF

THE

STATE OF ILLINOIS,

)

)

Complainant,

)

)

)

PCB NO.:

05-99

)

(Enforcement)

JAMES

ZELLER, THOMAS ZELLER,

)

and MATTHEW SHORT,

)

)

Respondents.

)

JAN

1

82005

NOTICE OF

FIllING

TO:

Lisa Madigan

Office ofthe Attorney General

State ofillinois

500 South Second Street

Springfield, IL

62706

Stephen R. Green

Armstrong & Green

P.O. Box

1087

Marion, IL

62959

Matthew J. Dunn/Raymond Callery

Environmental Enforcement/Asbestos

Litigation Division

500 South Second Street

Springfield, IL 62706

Randy Patchett

Patchett Law Office

P.O. Box

1176

Marion, IL 62959

PLEASE

TAKE

NOTICE that on this date I have mailed for filing with the

Clerk ofthe Illinois Pollution Control Board ofthe State of Illinois, an Answer, a

copy of which is attached hereto and herewith served upon you.

THOMAS ZELLER, Respondent

BRIAN D. LEWIS

Attorney at Law

411

~/2

N. Court Street

Marion, IL 62959

618/997-6211; Fax No.: 618/997-6510

.,

Respondent

---

CERTIFICATE OF

MAILING

I, the undersigned, do hereby certify that I mailed a copy of the above and foregoing

instrument by depositing the same in a U.S. Post Office Box in the City ofMarion, Illinois.

Postage fully prepaid and addressed to:

Lisa Madigan

Office ofthe Attorney General

State ofIllinois

500 South Second Street

Springfield, IL 62706

Stephen R. Green

Armstrong

& Green

P.O.

Box 1087

Marion, IL

62959

BRIAN D. LEWIS

Attorney at Law

411

‘/2

N. Court Street

Marion, IL 62959

618/997-6211

FaxNo.:

618/997-6510

Matthew J. Dunn/Raymond Callery

Environmental Enforcement/Asbestos

Litigation Division

500 South Second Street

Springfield, IL 62706

Randy Patchett

Patchett Law Office

P.O. Box

1176

Marion, IL 62959

Dated this

1

1th

day ofJanuary, 2005.

~

yJ

~thD

---

RF~CE~V~D

CLERK’S OFFICE

JAN

18

2005

BEFORE TIlE ILLINOIS POLLUTION CONTROL

~i~+WOF

ILLINOIS

Pollution Control Board

PEOPLE OF THE STATE OF ILLINOIS,

)

)

Complainant,

)

)

v.

)

PCB NO.: 05-99

)

(Enforcement)

JAMES ZELLER, THOMAS ZELLER,

)

andMATTHEW SHORT,

)

)

Respondents.

)

ENTRY OF APPEARANCE

NOW COMES BRIAN D. LEWIS, and hereby enters his appearance on

behalfofthe Respondent, THOMAS ZELLER, and requests that all further

pleadings and/or notices be forwarded to this office.

Respectfully submitted,

BRIAN

D. LEWIS

Attorney at Law

411

‘/2

N.

Court Street

Marion, IL 62959

618/997-6211

Fax No.: 618/997-6510

ARDC

THOMAS ZELLER

---

CERTIFICATE OF

MAILING

I, the undersigned, do hereby

certif~r

that I mailed a copy ofthe above and foregoing

instrument by

depositing the same in a U.S. Post Office Box in the City ofMarion, Illinois.

Postage fully prepaid and addressed to:

Lisa Madigan

Office ofthe Attorney General

State ofIllinois

500 South Second Street

Springfield, IL ~27O6

Stephen R. Green

Armstrong & Green

P.O. Box

1087

Marion, IL

62959

Matthew

J. Dunn/Raymond Callery

Environmental Enforcement/Asbestos

Litigation Division

500 South Second Street

Springfield, IL 62706

Randy Patchett

Patchett Law Office

P.O. Box 1176

Marion, IL

62959

Dated this

11th

dayofJanuary, 2005.

BRIAN D. LEWIS

Attorney at Law

411

‘/2

N. Court Street

Marion, IL

62959

618/997-6211

Fax No.: 618/997-6510

---

CLERK’S OFFICE

JAN

182005

BEFORE TUE ILLINOIS POLLUTION

CONTROL BOA~4~IE

OF ILLINOIS

PojJut~onControl

Board

PEOPLE OF THE STATE OF

)

ILLINOIS,

)

)

Complainant,

)

)

v.

)

PCBNO.

05-99

)

(Enforcement)

JAMES ZELLER, THOMAS ZELLER,

)

and MATTHEW SHORT,

)

)

Respondents.

)

RESPONDENT,

THOMAS

ZELLER’s

ANSWER

TO

COMPLAINT

COUNT I

NOW COMES the Respondent, THOMAS ZELLER, by and through his

counsel, BRIAN D. LEWIS, and for his Answer to Count I ofthe Complaint

previously filed herein, hereby states as follows:

1.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph one (1) of the Complaint previously filed herein.

2.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph two (2) of the Complaint previously filed herein.

3.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph three (3) ofthe Complaint previously

filed herein.

4.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph four (4) ofthe Complaint previously filed herein.

5.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

1

---

contained in paragraph five (5) ofthe Complaint previously filed herein.

6.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph six

(6)

of

the Complaint previously filed herein.

7.

The Respondent, THOMAS ZELLER,

herebyADMITS the allegations

contained in paragraph seven (7) of the Complaint previously filed herein.

8.

The Respondent, THOMAS ZELLER, neither ADMITS or DENIES

the allegations contained in paragraph eight (8), as he does not have sufficient

information to either ADMIT or

DENY

but demands strict proof thereof.

9.

The Respondent, THOMAS ZELLER, hereby DENIES the allegations

contained in paragraph eight

(8) ofthe Complaint previously filed herein.

10.

The Respondent, THOMAS ZELLER, neither ADMITS or DENIES

the allegations contained in paragraph ten (10), as he does not have sufficient

information to either ADMIT or DENY but demands strict proofthereof.

11.

The Respondent, THOMAS ZELLER, neither ADMITS or DENIES

the allegations contained in paragraph eleven (11), as he does not have sufficient

information to either ADMIT or

DENY

but demands strict proof thereof.

12.

The Respondent, THOMAS ZELLER, neither ADMITS the

allegations contained in paragraph twelve (12) ofthe Complaint previously filed

herein.

13.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph thirteen (13) ofthe Complaint previously filed herein.

2

---

14.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph fourteen (14) ofthe Complaint previously

filed herein.

15.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph fifteen (15) ofthe Complaint previously filed herein.

16.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph sixteen (16) ofthe Complaint previously filed herein.

17.

As the allegations refer to Respondent, THOMAS ZELLER, in

paragraph seventeen

(17) ofthe Complaint previously filed herein, the Respondent,

THOMAS ZELLER, hereby DENIES the allegations contained therein.

18.

The Respondent, THOMAS ZELLER, hereby DENIES that he is

required to provide the notification referred to under the codes and statutes referred

to therein in paragraph eighteen (18) ofthe Complaint previously filed herein.

WHEREFORE, the Respondent, THOMAS ZELLER, respectfully requests

that this Board deny the reliefrequested in Count I ofthe Complaint previously filed

herein and for such other and further relief as the Board deems equitable and just.

TOM ZELLER, Respondent

3

---

COUNT II

NOW COMES the Respondent, THOMAS ZELLER, by and through his

counsel, BRIAN D. LEWIS, and for his Answer to Count II ofthe Complaint

previously filed herein, hereby states as follows:

1-16.

The Respondent, THOMAS ZELLER, hereby repeats and realleges his

answers to allegations contained in paragraph one through sixteen (1-16).

17.

The Respondent, THOMAS ZELLER, neither ADMITS or DENIES

the allegations contained in paragraph seventeen (17) ofCount II ofthe Complaint

previously filed herein, as he does not have sufficient information to either ADMIT

or

DENY but demands strict proof thereof.

18.

There is no paragraph eighteen (18) in Count II ofthe Complaint

previously filed herein.

19.

The Respondent, THOMAS ZELLER, hereby ADMITS the allegations

contained in paragraph eighteen (18) of Count II ofthe Complaint previously

filed

herein.

20.

The Respondent, THOMAS ZELLER, DENIES the allegations of

paragraph twenty (20) ofCount II ofthe Complaint previously filed herein, as such

allegations are alleged against him.

21.

The Respondent, THOMAS ZELLER, DENIES the allegations of

paragraph twenty-one (21) of Count II ofthe Complaint previously filed herein, as

4

---

such allegations are alleged against him.

WHEREFORE, the Respondent, THOMAS ZELLER, respectfully requests that

this

Board deny the reliefrequested in Count II ofthe Complaint previously filed herein and for

such other and

further

reliefas the Board deems equitable and just.

THOMAS ZELLER, Respondent

BRIAN

D. LEWIS

Attorney at Law

411

‘/2

N. Court Street

Marion,

IL

62959

618/997-6211

FaxNo.:

618/997-6510

---

CERTIFICATE OF

MAILING

I, the undersigned, do hereby certify that I mailed a copy ofthe above and foregoing

instrument by depositing the same in a U.S. Post Office Box in the City ofMarion, Illinois.

Postage fully prepaid and addressed to:

Lisa Madigan

Office ofthe Attorney General

State of

Illinois

500 South Second Street

Springfield, IL 62706

Stephen R. Green

Armstrong & Green

P.O. Box

1087

Marion, IL 62959

BRIAN D. LEWIS

Attorney at Law

411

1/2

N. Court Street

Marion, IL 62959

618/997-6211

FaxNo.: 618/997-6510

Matthew

J. Dunn/Raymond Callery

Environmental Enforcement/Asbestos

Litigation Division

500 South Second Street

Springfield, IL 62706

Randy Patchett

Patchett Law Office

P.O. Box

1176

Marion, IL 62959

Dated

this

11th

day of January, 2005.