RECE
WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAY
17
2005
OF THE STATE OF ILLINOIS
STATE OF
ILUNOIS
Pollution
Control Board
MATHER INVESTMENT PROPERTIES,
)
L.L.C.,
)
Petitioner,
)
)
vs.
)
1;;-.
ILLINOIS STATE TRAPSHOOTERS
)
ASSOCIATION, INC.,
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
TO:
Dorothy Gunn, Clerk, Illinois Pollution Control Board,
100 West Randolph Street,
James R. Thompson Center, Suite 11-500, Chicago, IL 60601-3218;
Carol Webb, Hearing Officer, Illinois
Pollution Control Board,
1021 North Grand Avenue East,
P.O.
Box
19274,
Springfield, IL 62794-9274
Charles J. Northrup, Sorling, Northrup, Hanna, Cullen
&
Cochran, Ltd., Suite 800 Illinois
Building, P.O. Box 5131, Springfield, IL
62705
PLEASE TAKE NOTICE that on May 16,
2005,
I filed with the Office of the Clerk ofthe
Pollution Control Board an original and nine copies of Respondent’s Answer by U.S. Mail.
The undersigned hereby certifies that a true and correct copy
ofthis Notice of Filing, together with
a copy ofthe document described above, were today served upon the hearing officer and counsel of
record ofall parties to this cause
by enclosing same in envelopes addressed to such attorneys at their
business addresses as disclosed by the pleadings of record herein, with postage fully prepaid, and by
depositing same in the U.S. Mail in Springfield, Illinois on the
1
6th
day ofMay, 2005.
The undersigned hereby certifies
that a true and correct copy of this Notice ofFiling, together with
a copy ofthe document described above, was today served upon the Offi eo
flr~
Clerk of the Pollution
Control Board by Federal Express on the
1
6th
day of’
frrillama?
MOHAN, ALEWELT,
PRILLAMAN
&
AD~
1 North Old Capitol Plaza, Suite
325
Springfield,
IL 62701-1323
Telephone:
(217) 528-2517
Facsimile:
(217) 528-2553
THIS FILING SUBMITTED ON RECYCLED PAPER
C:\Mapa\IL Trapshooters\Proofof Service.
1 .doc/crk 5/16/05 4:29 pm
RECE
WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAY
17
2Q05
MATHER INVESTMENT PROPERTIES,
)
STATE OF
ILLINOIS
L L C
)
Pollution
Control Board
,
)
Petitioner,
‘
)
)
v.
)
CaseNo.05-29
)
ILLINOIS STATE TRAPSHOOTERS
)
ASSOCIATION, INC.,
)
)
Respondent.
)
ANSWER
COMES
NOW
Respondent,
Illinois
State
Trapshooters
Association,
Inc.,
and
for
its
Answer to the Complaint in this proceeding, states as follows:
(1)
Respondent lacks knowledge or information sufficient to
form
a belief as
to
the
truth ofthe allegations ofParagraph
1, and so denies the same.
(2)
Respondent lacks knowledge or information sufficient
to
form
a belief as to
the
truth ofthe allegations ofParagraph 2, and
so denies the same.
(3)
Respondent admits the allegations of Paragraph 3.
(4)
Respondent admits that on or about October
13,
1998, Panther Creek Office Park,
L.L.C.
and
Respondent entered into a contract for the
sale of certain real property in
Sangamon
County,
Illinois,
which
speaks
for itself as to
its
meaning
and
effect.
Respondent
denies the
allegations ofParagraph 4 except as herein admitted.
(5)
Respondent
admits
that
on
or
about
August 24,
1999,
the
parties
entered
an
amendment to
the
real estate
purchase
contract,
which
speaks for itself as
to
its
meaning
and
effect.
Respondent denies the remaining allegations ofParagraph 5.
1202955.1
(6)
Respondent denies
that
Mather has
performed
all
of
its
obligations
under
the
contract.
In particular, Respondent states that the contract called for the purchaser to
clean up all
target debris and residue on the property, which Mather has failed to do.
Respondent admits that
Mather Investment Properties, L.L.C. took
title to the property on
or about September 28,
2000.
Respondent denies each and
every remaining allegation ofParagraph 6.
(7)
Respondent
admits
that
at
certain
times
a
gun
club
has been
operated
on
the
property.
Respondent denies the allegations ofParagraph 7 except as herein admitted.
(8)
Respondent admits
that
it owned the property and
operated
it as an
outdoOr gun
~shootingrange.
Respondent denies the allegations ofParagraph
8
except as herein admitted.
(9)
Respondent
admits
that
during the period of time
the property was owned
and
operated
by Respondent, lead shot and broken clay targets came,to be placed upon the property
as
a result of the normal activities
of an
outdoor
gun
shooting range.
Respondent
denies
the
allegations ofParagraph
9 except as herein’ admitted.
(10)
Respondent
admits
that
prior
to
September
1998,
Respondent
had
been
considering
selling
the property.
Respondent
denies the
allegations of Paragraph
10
except
as
herein admitted.
(11)
Respondent admits
that
certain portions of the property were
tilled from
time to
time.
Respondent denies the allegations ofParagraph
11 except
as herein admitted.
(12)
Respondent
admits
that
in
September
1998
it
retained
an
environmental
consultant and
that consultant prepared a Phase I
environmental assessment which reported that
there was
no
“recognized
environmental
condition,”
although
the
report
also
stated
that
the
presence oflead shot was certain and identified the presence oftarget debris.
Respondent denies
the allegations ofParagraph
12 except as herein admitted.
2
(13)
Respondent
admits
that
at
some
time
a
report
of the
Phase I
environmental
assessment was received
by principals ofPanther Creek Office Park, a predecessor in interest
to
Mather.
Respondent denies the allegations ofParagraph
13
except as herein admitted.
(14)
Respondent
admits
that
Mather
Investment
Properties,
L.L.C.
purchased
the
property.
Respondent denies the allegations ofParagraph 14 except as herein admitted.
(15)
Respondent admits that on August
17, 2001, the Illinois Environmental Protection
Agency
sent
a
letter to
Mather Investment Properties,
L.L.C., which
speaks
for itself as
to
its
meaning
and
effect.
Respondent
denies
the
allegations
of
Paragraph 15
except
as
herein
admitted.
(16)
Respondent admits
that Petitioner has
from
time
to
time
retained environmental
consultants
to
address the property.
Respondent denies the allegations ofParagraph 16 except as
herein admitted.
(17)
‘Respondent lacks knowledge or information sufficient
to
form a belief as to
the
truth of the allegations in Paragraph 17, and so denies the same.
(18)
Respondent lacks knowledge
or information sufficient to
form
a belief as
to
the
truth ofthe allegations in Paragraph
18, and so denies the same.
(19)
Respondent lacks knowledge
or information sufficient
to
form
a belief as to
the
truth ofthe allegations in Paragraph
19, and so denies the same.
(20)
Respondent lacks knowledge or information sufficient
to
form
a belief as
to
the
truth ofthe allegations of Paragraph 20, and so denies the same.
3
RESPONSE TO COUNT I
(1)-(20)
Respondent incorporates by reference as if fully set out here its responses to
the
allegations ofParagraph 1-20 ofthe General Allegations.
(21)
Respondent admits that the Act contains the language cited.
(22)
Respondent denies the allegations ofParagraph 22.
(23)
Respondent
admits
that
the
Act
once
contained
the
language
cited,
but
~affirmatively states that the definition of “waste” has been amended
and currently is
set
forth in
415
ILCS
5/3.535.
(24)
Respondent denies the allegations ofParagraph 24.
(25)
Respondent specifically denies it abandoned waste at’ the property and denies that
it was required to obtain a permit
as a waste disposal
treatment or storage site; Respondent
thus
denies that
it failed
to
comply
with
any
requirements
of the Environmental
Protection
Act
or
regulations or standards promulgated thereunder.
Respondent denies the remaining allegations
ofParagraph
25.
AFFIRMATIVE DEFENSES
By way of further answer to
the Complaint
in this proceeding, Respondent affirmatively
states as follows:
‘(1)
The Board
is
without statutory
authority
to
enter a
cease
and
desist
Order for a
wholly past violation.
(2)
The Board
is
without statutory
authority
to
enter
a mandatory
injunction at the
request ofa private party.
(3)
The Board
is
without statutory
authority to
enter an
order for reimbursement of
cleanup
costs, or in the alternative, reimbursement offuture
cleanup costs.
4
WHEREFORE,
having
fully
answered,
Respondent
prays
that
the
Complaint
be
dismissed, and that it have its
costs incurred in this action.
MOHAN,
By:
,V~FrecPç.
r’
~ll
1
Nort
0
itol Plaza, Suite 325
Springfie
,
inois
62701-1323
(217) 528-25
-4’~phone)
(217) 528-2553
(facsimile)
and
LEWIS, RICE’& FINGERSH, L.C.
Richard A. Abrens
500 North Broadway,
Suite 2000
St.
Louis, Missouri
63102
(314) 444-7691 (phone)
(314) 612-7691 (facsimile)
Attorneys
for
Respondent
Illinois
Trapshooters
Association, Inc.
5
