BEFORE THE ILLINOIS POLLUTION CONTROL
BOA~ECE~VED
CLERK’S
OFFICE
PEOPLE OF THESTATE OF ILLINOIS,
)
JUN
02
2005
Complainant,
STATEOFILL~NOIS
Pollution Co~ttOI
Board
-vs-
No.
04-7
4832
S.
VINCENNES,
L.P.,
an
)
(Enforcement
-
Air)
Illinois limited partnership,
and
BATTEAST CONSTRUCTION COMPANY,
)
INC., an Indiana corporation,
Respondents.
TO:
Mr. Oliver Spurlock,
Esq./Mr. Gregory Miller
Attorneys for Respondent
4832
S.
Vincennes,
L.P.
9415 South State Street
Chicago,
Ii.
60619
and
Mr. Zachary Hamilton
Attorney for Respondent
Batteast Const.
Co.,
Inc.
3340
E.
Forest View Trail
Crete,
IL.
60417
NOTICE
OF FILING
PLEASE TAKE NOTICE that we have today, June
2,
2005,
filed
with the Office of the Clerk of the Illinois Pollution Control
Board an original and four copies of our Request for Admission of
Facts on Respondent,
4832
5.
Vincennes,
L.P.,
a copy of which is
attached herewith and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
BY:
/~U()~~
PAULA
BECKER
WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
~
Fir.
Chicago,
IL 60601
(312)
814-1511
THIS
FILING
IS MADE ON RECYCLED
PAPER
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
JUN
022005
Complainant,
)
STATE OF ILLINOIS
Pollution Control Board
v.
)
No.
PCB
04-07
(Enforcement
-
Air)
4832
S.
VINCENNES,
L.P.,
an Illinois limited partnership,
and BATTEAST CONSTRUCTION COMPANY,
INC.,
an Indiana corporation,
Respondent.
COMPLAINANT’S
FIRST REQUEST
FOR ~ADMISSION
OF FACTS
ON RESPONDENT
4832
S. VINCENNES,
L.P.
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN,
Attorney General
of the State of Illinois,
pursuant to
Section 101.616
of the Illinois Pollution Control Board’s
procedural Regulations and Illinois Supreme Court Rule 216,
hereby serves the following First Request for Admission of Facts
upon Respondent 4832
S. VINCENNES,
L.P.,
to admit the truth of
the following facts in writing within 28
days
from
the
date
of
service
hereof.
INSTRUCTIONS
AND DEFINITIONS
1.
With respect to any requested admission which
Respondent refuses
to answer because of a claim of privilege,
provide a statement signed by an attorney representing Respondent
setting forth as to each:
a.
the nature of the claim .of privilege;
b.
the
statute,
rule
or
decision which is claimed to
give
rise
to
the
claim
of
privilege;
c.
all facts relied upon in support of the claim of
privilege;
d.
an identification of all documents related to the
claim of privilege;
1
e.
an identification of all persons having knowledge
of any facts related to the claim of privilege;
and
f.
an
identification
of
all
events,
transactions
or
occurrences
related
to
the
claim
of
privilege.
2.
For
all
requested
admissions
which
Respondent
denies
or
which
Respondent
can
neither
admit
nor
deny,
pursuant
to
Illinois
Supreme Court Rule 216(c), Respondent
is required to provide
Plaintiff
with
a
sworn
statement
denying
specifically
the
matters
of
which
admission
is
requested
or
setting
forth
in
detail
the
reasons
why
Respondent
cannot
truthfully
admit
or
deny
those
matters.
3.
~Complaint~T
shall
mean
the
First
Amended
Complaint
filed in this case by
Complainant
on
October
6,
2003.
4.
“Complainant”
shall
mean
the
Complainant listed in the
complaint
and
any
of
his
agents,
representatives,
or
persons
who
acted
as
Complainant’s
representative.
5.
“Respondent”
shall refer to 4832
5.
Vincennes,
L.P.,
and
the
agents,
employees, representatives or any other person or
persons acting for or in concert with 4832
5.
Vincennes,
L.P.
6.
“Site” shall mean the property located 4832 South
Vincennes
Avenue,
Chicago,
Cook
County,
Illinois,
as
referenced
in paragraph
3 Count
I
of
the
amended
complaint.
7.
“Act”
shall mean the Illinois Environmental Protection
Act, 415 ILCS
5/1
et.
seq.
(2002)
8.
“Own” means have good legal title to, hold as property,
posess.
9.
“Operate” means use,
exercise control over,
or having
responsibility for the daily operation of.
10.
“Entity” means a corporation,
an incorporated
business, or a limited liability company or partnership.
11.
“Current” or “Present” means the filing date of this
First Request for Admissions of Facts.
-
12.
“Illinois EPA” means the Illinois Environmental
Protection Agency.
13.
“Board” shall mean the Illinois Pollution Control
2
Board.
14.
“Person” shall include, but
is not limited to, any
natural person; business or corporation, whether for profit or
not;
firm, partnership, or other non-corporate business
organization; charitable,
religious, education,
governmental, or
other non-profit institution,
foundation,
body,
or other
organization; or employee,
agent, or representative of any of the
foregoing.
15.
“Or”
shall mean and/or wherever appropriate.
16.
All terms not specifically defined herein shall have
their logical ordinary meaning,
unless such terms are defined in
the Act or the regulations promulgated thereunder,
in which case
the appropriate or regulatory definitions shall apply.
FACTS
Request
No.
1
Please
admit
that
at
all
times
relevant
to
the
Complaint,
Respondent was and is an Illinois limited partnership organized
and existing under the laws of the State of Illinois and is in
good standing.
Response:
Request No.
2
Please admit that at all times relevant to the Complaint,
Respondent owned the property and building(s)
located at 4832
5.
Vincennes,
Chicago,
Illinois and retained Batteast Construction.
Company,
Inc.
as its general contractor to renovate the site.
Response:
Request
No.
3
Please admit that Respondent knew before January
1,
2002,
that suspect asbestos containing material
(“ACM”) was present in
the
basement
area
of
the
Site.
Response:
3
Request
No.
4
Please admit that Respondent did not discontinue the work on
the renovation at the site after January
1,
2002 until February
5,
2002.
Response:
Request No.
5
Please admit that on January 31,
2002,
dry,
friable suspect
ACM was found on the pipes and floor of the basement at the Site.
Responsej
Request No.
6
Please admit that Respondent refused to instruct the
contractor or its agents or employees to stop work on January 31,
2003
when
requested
to
do
so
by
the
Illinois
EPA.
Response:
Request No.
7
Please admit that on January 31,
2002,
several workers were
present at the site doing work on or around the first
floor,
and
that some doors and windows were open.
Response:
Request No.
8
Please admit that from January
1,
2002 until January 31,
2002,
workers were present at the site without wearing personal
protective equipment and were working without utilizing any
emission control procedures.
Response:
4
Request No.
9
Please admit that Respondent failed to conduct
a thorough
inspection of the site for the presence and location of asbestos
before starting renovation activities at the site.
Response:
Request No.
10
Please admit that Respondent failed to remove all regulated
ACM from the site before beginning renovation activities, that
would break up, dislodge or similarly disturb the material.
Response:
Request No.
ii.
Please admit that Respondent failed to adequately wet all
the regulated ACM and keep it wet until collected and contained
in preparation for disposal.
Response:
Request No.
12
Please admit that Respondent failed to adequately wet all
the regulated ACM and keep it wet until treated in preparation
for disposal.
Response:
.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General of the
State of Illinois
5
MATTHEW
J. DUNN,
Chief
Environmental Enforcement
/
Asbestos Litigation Division
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
Assistant Attorney General
By:
~
~
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
• 188 W. Randolph St. 20th Fl.
Chicago, Illinois 60601
(312)
814-1511
6
CERTIFICATE OF SERVICE
I,
PAULA
BECKER
WHEELER,
an attorney,
do certify that I
caused to be served this 2nd day of June,
2005,
the Complainant’s
Request for Admission of Facts on Respondent 4832 S.
Vincennes,
L.P. ‘s
to the persons named below by placing the same in
overnight mail with U.P.S., postage prepaid,
at 188
W.
Randolph,
‘‘Chicago,
Illihois 60601.
Mr. Oliver Spurlock/Gregory Miller
Attorneys at Law
9415 South State Street
•
•
Chicago, Illinois 60619
Mr. Zachary Hamilton
Attorney at Law
3340
E. Forestview Trail
Crete,
IL 60417
•,
~
~5.~
Paula Becker Wheeler
Assistant Attorney General
188
W.
Randolph,
20th
Fl.
Chicago, IL
60601
312-814-1511
