Microsoft Word - PCB 05-66,030105 Petco Answer.wpd

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS, )

)

Complainant, )

)

v. ) PCB 05-66

)

PETCO PETROLEUM CORPORATION, )

an Indiana Corporation, )

)

Respondent. )

ANSWER

NOW COMES Respondent, PETCO PETROLEUM CORPORATION

by its attorneys

Sorling, Northrup, Hanna, Cullen & Cochran, Ltd, Charles J. Northrup, of Counsel, and for

its Answer to Complainant’s Complaint states as follows:

COUNT I

(Water Pollution Violations (May 24, 2004))

1. Respondent neither admits nor denies the allegations set out in paragraph one and

further states it possesses insufficient knowledge to form a belief as to the allegations.

2. Respondent admits the allegations set out in paragraph two.

3. Respondent admits the allegations set out in paragraph three.

4. Respondent admits the allegations set out in paragraph four.

5. Respondent admits that a portion of Section 12 of the Illinois Environmental

protection Act (“Act”) is set out at paragraph five.

6. Respondent admits that Section 3.165 of the Act is set out at paragraph six.

7. Respondent admits that a portion of Section 3.395 of the Act is set out at paragraph

seven.

8. Respondent admits that Section 3.545 of the Act is set out at paragraph eight.

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9. Respondent admits that Section 3.550 of the Act is set out at paragraph nine.

10. Respondent admits that Section 302.203 of the Illinois Pollution Control Board’s

(“Board”) water pollution regulations is set out at paragraph ten.

11. Respondent admits that Section 302.208(g) of the Board’s water pollution regulations

references a general use quality standard for chloride.

12. Respondent admits that a portion of Section 304.105 of the Board’s water pollution

regulations is set out at paragraph twelve.

13. Respondent admits that Section 304.106 of the Board’s water pollution regulations is

set out at paragraph 13.

14. Respondent admits the allegations set out in paragraph 14.

15. Respondent denies the allegations set out in paragraph 15 as it calls for a legal

conclusion.

16. Respondent denies the allegations set out in paragraph 16 as it calls for a legal

conclusion.

17. Respondent denies the allegations set out in paragraph 17 as it calls for a legal

conclusion.

18. Respondent neither admits nor denies the allegations set out in paragraph 18 and

further states it possesses insufficient knowledge to form a belief as to the allegations.

19. Respondent denies the allegations set out in paragraph 19 as it calls for a legal

conclusion.

20. Respondent denies the allegations set out in paragraph 19 as it calls for a legal

conclusion.

21. Respondent denies the allegations set out in paragraph 19 as it calls for a legal

conclusion.

WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this

Board deny all forms of Relief prayed for by the Complainant in Count I of its Complaint.

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COUNT II

(Water Quality Violations (May 24, 2004))

1- 20. Respondent restates and incorporates herein by reference its Answers for paragraphs

1 through 20 of Count I for its Answer to paragraphs 1 through 20 of this Count II.

21. Respondent denies the allegations set out in paragraph 21 as it calls for a legal

conclusion.

22. Respondent denies the allegations set out in paragraph 22 as it calls for a legal

conclusion.

23. Respondent denies the allegations set out in paragraph 23 as it calls for a legal

conclusion.

24. Respondent denies the allegations set out in paragraph 24 as it calls for a legal

conclusion.

WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this

Board deny all forms of Relief prayed for by the Complainant in Count II of its Complaint.

COUNT III

(Water Pollution Violations (August 21, 2004))

1 -13. Respondent restates and incorporates herein by reference its Answers for paragraphs

1 through 13 of Count I for its Answer to paragraphs one through 13 of this Count III.

14. Respondent admits that it reported a release as set out in paragraph 14. Respondent

denies as vague the allegation that the release was caused by a “large” corrosion hole. Respondent

further clarifies that the release occurred at the J.B. Tucker lease.

15. Respondent denies the allegations set out in paragraph 15 as it calls for a legal

conclusion.

16. Respondent denies the allegations set out in paragraph 16 as it calls for a legal

conclusion.

17. Respondent denies the allegations set out in paragraph 17 as it calls for a legal

conclusion.

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18. Respondent neither admits nor denies the allegations set out in paragraph 18 and

further states it possesses insufficient knowledge to form a belief as to the allegations.

19. Respondent neither admits nor denies the allegations set out in paragraph 19 and

further states it possesses insufficient knowledge to form a belief as to the allegations.

20. Respondent denies the allegations set out in paragraph 20 as it calls for a legal

conclusion.

21. Respondent denies the allegations set out in paragraph 21 as it calls for a legal

conclusion.

22. Respondent denies the allegations set out in paragraph 21 as it calls for a legal

conclusion.

WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this

Board deny all forms of Relief prayed for by the Complainant in Count III of its Complaint.

COUNT IV

(Water Quality Violations (August 21, 2004))

1 -13. Respondent restates and incorporates herein by reference its Answers for paragraphs

1 through 13 of Count I for its Answer to paragraphs one through 13 of this Count IV.

14-19. Respondent restates and incorporates herein by reference its Answers for paragraphs

14 through 19 of Count III for its Answer to paragraphs 14 through 19 of this Count IV.

20. Respondent denies the allegations set out in paragraph 20 as it calls for a legal

conclusion.

21. Respondent denies the allegations set out in paragraph 21 as it calls for a legal

conclusion.

22. Respondent denies the allegations set out in paragraph 22 as it calls for a legal

conclusion.

23. Respondent denies the allegations set out in paragraph 23 as it calls for a legal

conclusion.

WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this

Board deny all forms of Relief prayed for by the Complainant in Count IV of its Complaint.

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COUNT V

(Water Pollution Violations (October 4, 2004))

1 -13. Respondent restates and incorporates herein by reference its Answers for paragraphs

1 through 13 of Count I for its Answer to paragraphs1 through 13 of this Count V.

14. Respondent admits the allegations set out in paragraph 14.

15. Respondent denies the allegations set out in paragraph 15 as it calls for a legal

conclusion.

16. Respondent denies the allegations set out in paragraph 16 as it calls for a legal

conclusion.

17. Respondent denies the allegations set out in paragraph 17 as it calls for a legal

conclusion.

18. Respondent neither admits nor denies the allegations set out in paragraph 18 and

further states it possesses insufficient knowledge to form a belief as to the allegations.

19. Respondent neither admits nor denies the allegations set out in paragraph 19 and

further states it possesses insufficient knowledge to form a belief as to the allegations.

20. Respondent denies the allegations set out in paragraph 20 as it calls for a legal

conclusion.

21. Respondent denies the allegations set out in paragraph 21 as it calls for a legal

conclusion.

22. Respondent denies the allegations set out in paragraph 22 as it calls for a legal

conclusion.

WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this

Board deny all forms of Relief prayed for by the Complainant in Count V of its Complaint.

COUNT VI

(Water Quality Violations (October 4, 2004))

1 -13. Respondent restates and incorporates herein by reference its Answers for paragraphs

1 through 13 of Count I for its Answer to paragraphs 1 through 13 of this Count VI.

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14-19. Respondent restates and incorporates herein by reference its Answers for paragraphs

14 through 19 of Count V for its Answer to paragraphs 14 through 19 of this Count VI.

20. Respondent denies the allegations set out in paragraph 20 as it calls for a legal

conclusion.

21. Respondent denies the allegations set out in paragraph 21 as it calls for a legal

conclusion.

22. Respondent denies the allegations set out in paragraph 22 as it calls for a legal

conclusion.

23. Respondent denies the allegations set out in paragraph 23 as it calls for a legal

conclusion.

WHEREFORE Respondent, Petco Petroleum Corporation, respectfully requests that this

Board deny all forms of Relief prayed for by the Complainant in Count VI of its Complaint.

Respectfully submitted

PETCO PETROLEUM CORPORATION,

Respondent

By:_____________________________________

One of Its Attorneys

Sorling, Northrup, Hanna,

Cullen & Cochran, Ltd.

Charles J. Northrup, and

James G. Fahey of Counsel

Suite 800 Illinois Building

P.O. Box 5131

Springfield, IL 62705

Telephone: (217) 544-1144

Facsimile: (217) 522-3173

E-Mail: cjnorthrup@sorlinglaw.com

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PROOF OF SERVICE

The undersigned hereby certifies that an original and ten (10) copies of the foregoing

document were served by Federal Express to:

Ms. Dorothy Gunn, Clerk

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

and one copy to:

Ms. Carol Webb

Hearing Office

Illinois Pollution Control Board

1021 North Grand Ave. East

Post Office Box 19276

Springfield, IL 62794-9274

Mr. Tom Davis

Illinois Attorney General’s Office

Environmental Division

500 South Second Street

Springfield, IL 62706

and by depositing same in the United States mail in Springfield, Illinois, on the ___ day of March,

2005, with postage fully prepaid.

_________________________________________

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