1. RECEIVED
  1. 630) 595-4520FAX(630)595-4598 . .
    1. EXHIBIT
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MILLENIUM RECYCLING & SOLD
)
I
V~
0
WASTE CONSULTANTS, iNC., an
)
S OFFICE
Illinois Corporation, SHERI CLEMENT!,
)
JUL
22200
Individually and
as President ofMILLENIUM
)
RECYCLING & SOLD WASTE
)
~051~41
~F
ILLINOIS
CONSULTANTS, INC.,
and MICHAEL
)
fltroj Board
LORENCE
)
)
PCB
2002-077
Petitioner,
)
)
v.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent
)
NOTICE OF FILING
TO:
See attached service list
PLEASE
TAKE NOTICE that on this
19th
day of July, 2005, I mailed to the Clerk of
Pollution Control Board,
100 West Randolph Street, James R. Thompson Center, Suite 11-500,
Chicago, Illinois
60601-3218, for filing of Petitioner’s Motion for Relief From
and Review of
Final Opinion and Order ofIllinois Pollution Control Board of February
19, 2004, a copy of
which is herewith served upon you.
KUPISCH&CAItBON,
Matt B. Fuestin
________
AT-rOR1~TEYSAT LAW
Attorney for Petitioner
201
N
CHURCH
ROAD
BENSENVILLE. IL
60106
(630) 595-4520
FAX (630) 595-4598
SERVICE
LIST
To:
Mr.
Stephen J.
Sylvester
Assistant Attorney General
Environmental Bureau
188 W. Randolph, 20t~~
Floor
Chicago, IL
60601
312-814-2087
Ms.
Sherri
Clementi
1133
Hill Crest Drive
Carol Stream, IL
60188
Mr. Peter Orlinsky
Illinois EPA
9511
W.Harrison
Des Plaines,
IL
60016
2
($46080
#3i633
KUPISCU
&
CARBON,
Ltd.
AtTORNEYS
AT LAW
201 RCHURCHROAI)
BENSENVILLE.
IL
60106
(630) 595-4520
FAX
(630) 595-4598
RECEIVED
BEFORE
THE
ILLINOIS POLLUTION CONTROL B~Th.t~c’s
OFFICE
MILLENIUM RECYCLING & SOLID
)
722005
WASTE CONSULTANTS, INC.,
an
)
STATE OF
ILLINOIS
Illinois Corporation, SHERI CLEMENTI,
)
Po)lut,c,n
Control
Board
Individually and
as President of MILLENIIJM
)
RECYCLING & SOLID WASTE
)
CONSULTANTS, INC.,
and
MICHAEL
)
LORENCE
)
)
PCB
2002-077
Petitioner,
)
)
v.
)
)
ILLINOIS ENViRONMENTAL
PROTECTION AGENCY
)
)
Respondent
APPEARANCE
I hereby file my appearance in
this proceeding, on behalf ofMICHAEL LORENCE
Matt
A1~ng _
Attorney
for
Petitoner
BEFORE THE ILLINOIS POLLUTION ~
MILLENIUM RECYCLING
& SOLID
)
JUt..
222005
WASTE CONSULTANTS, INC.,
an
)
ATE OF
ILLINOIS
Illinois Corporation, SHERI CLEMENTI,
)
p~utioflControl Board
Individually and as President ofMILLENIUM
)
RECYCLING & SOLD
WASTE
)
CONSULTANTS, INC., and MICHAEL
)
LORENCE
)
)
PCB
2002-077
Petitioner,
)
)
v.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent
)
MOTION FOR RELIEF FROM AND REVIEW OF
FINAL OPINION AND ORDER
NOW COMES the Petitioner, MICHAEL
LORENCE, by and through his
attorneys,
KUPISCH & CAREON
LTD., and as and hereby requests pursuant to 35
Ill.Adm.
Code
10l.904(b)(3),
that the Pollution
Control Board relieve said Petitioner from the-final order of
this Board dated February
19,
2004, for Facts Admitted and Summary Judgment, and states as
follows:
1.
On information and belief, on
December
12,
2001, the office ofthe Illinois Attorney
#46080
#31633
KUPISCH&CARBON,
General on behalfof the People ofthe State ofIllinois and the Illinois Pollution Control
Ltd.
ATTORNEYS
AT LAW
Board,
filed a four count
complaint against Millenium Recycling and Solid Waste
(630) 595-4520
F.kX(630)595-4598
.
Consultants, Incorporated
(
Millernum
).
2.
Said four count complaint alleged that Millenium, caused or allowed open dumping,
conducted a waste
disposal operation without a permit, disposed ofwaste
at an un-
1
permitted facility, and caused or allowed litter in violation of the Illinois Environmental
Protection Act sections 21(a), 210), 21(e)
and 21
(p)(i) ofsaid act.
3.
On information and belief, on April
10, 2003, the State of Illinois filed an
amended
complaint which added Sheri Clcmenti
(“Clementi”) and Michael Lorence (“Lorence”)
as Respondents in the case.
4.
The State ofIllinois subsequently claimed that on April
10, 2003,
the State of Illinois
caused to be mailed a Notice of Filing and Motion For Leave to File an Amended
Complaint to Clementi and Lorence at the same address of 1133
Hillcrest,
Carol
Stream, Illinois 60188 by certified mail, return
receipt requested.
Michael Lorence
did not reside at this address on April
10, 2003. Attached and incorporated hcreiitas
Group Exhibit A is
a copy of said Notice of Filing, Proof ofService and Service List.
5.
On April
12, 2003, Michael Lorence was un-aware of said proceedings against
Millenium.
6.
On information and belief,
on April
12,
2003,
an individual by the name of”Bianco
Balasco” signed the receipt for said certified mail.
Attached and incorporated herein as
Group Exhibit B is a copy of a Certificate of Service and said PS
form 3811
Domestic
Return Receipt.
#46080
7.
Michael Lorence had no knowledge of said certified mail
received and signed by
#3i633
KtJPISCH&CARBON,
“Bianca Balasko”
on
April
12,
2002.
See the Affidavit marked Exhibit
C attached
ATTORNEYS AT LAW
hereto and
made a part hereof.
(630) 595-4520
FAX(630)595-4598
8.
Title 35
Chapter
1
Section
103, paragraph 204
(a)
of
the Environmental Protection
Provisions states in part:
“Notice, Complaint, and Answer
2
a) An enforcement proceeding will be commenced by the service of a notice and
complaint by registered certified mail,
messenger service or professional service
upon
all
respondents
(emphasis added)
9.
Said notice was not served upon Michael
Lorence
and as such was ineffective and void,
pursuant to Title 35, Chapter
1, Section
163, Paragraph 204 (a) ofthe Environmental
Protection Provisions.
10.
Additionally, the Illinois Code of Civil Procedure as stated at 735
ILCS
§
5/2-203(a)
states as follows:
“~
2-203. Service on Individuals.
(a) Except as otherwise expressly provided, service ofsummons
upon an
individual defendant shall be made (1) by leaving a copy ofthe summons with
the defendant personally, (2) by leaving a copy at the defendant’s usual place of
abode, with some person of the family or a person residing there, ofthe
age of
13
years or upwards,
and
informing
that person ofthe contents ofthe summons,
provided the officer or other person making service shall also
send a copy of the
summons in a sealed envelope
with postage fully
prepaid, addressed to
the
defendant
at his or her usual place of abode, or (3) as provided in
Section 1-2-
9.2 of the Illinois Municipal Code’ with respect to
violation ofan ordinance
governing parking or standing ofvehicles in cities with a population over
500,000.
The certificate ofthe officer of affidavit ofthe person that he
or she
has sent the copy in pursuance ofthis Section
is
evidence that he or she has
done so.”
11.
Said service is ineffective
upon Michael
Lorence
and void pursuant to
735
ILCS 5/2-
203
(a) ofthe Illinois Code of Civil Procedure.
12.
At not time was Michael Lorence an officer or a director of Millenium Recycling and
#46080
#31633
KUP!SCH&CARBON,
Solid Waste Consultants, Incorporated.
ATTORNEYS
AT LAW
~
13.
At no time was Michael Lorence
a party
to any equipment lease, real estate lease or

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630) 595-4520
FAX(630)595-4598
.
.
other agreement entered into by Millemum.
14.
At no time did Michael Lorence enter into any contractual service obligations on behalf
of Millenium.
3
15.
Clementi was at all relevant times the sole officer, director and owner ofMillenium
Recycling and
Solid Waste Consultants, Incorporated.
16. At no time did Michael
Lorence cause or allow open dumping in violation of 415
ILCS
§5/21(a).
17. At not time did
Michael Lorence conduct a waster disposal
operation without a permit
in violation of415 ILCS
§5/210).
18.
At
no
time did Michael Lorence dispose of waste at an
un-permitted facility in violation
of 415
ILCS §5/21(e)
19.
At not time did Michael Lorence cause or allow litter in violation of415
ILCS
§5/21
(p)(i).
20.
Michael
Lorence has valid and meritorious defenses.
21. Michael
Lorence has acted with due
diligence.
WHEREFORE, Petitioner, Michael Lorence moves this Pollution Control Board to
grant his Motion for Relief from the Final Order ofFacts Admitted and
Summary Judgment
of February
19,
2004, and for further relief as this
BOARD deems just and fair.
Respectfully
submitted
#46080
#31633
KUPISCH&CARBON,
~__-~~\)
~\
AYFORNEYS AT LAW
By:
)~
PiJ4t~
O1&14&~
MIdHAEL LOItENCE
(630) 595-4520
FAX (630) 595-4598
INDIVIDUAL PLEADING CERTIFICATION
I, Michael Lorence, having been first duly sworn under oath, deposes and states
that I
have read the foregoing Motion and have personal knowledge ofthe facts set forth and that the
4
#46080
#31633
KUPISCH
& CARBON,
Ltd.
ATTORNEYS AT LAW
201
N. CHURCH
ROAD
BENSENVILLE. IL 60106
(630)595-4520
FAX (630) 595-4598
same is true in
substance and fact (except where noted to be on information and belief) to the
best ofmy knowledge and
belief.
flhi1~u
~
Michael Lorenc~
Subscribed and
Sworn to before me
This
,qtf’
day ofJuly, 2005.
.17
c~’
/
“OHICIAL
SEAL
8
ELiZABETH
.
SOARIM
9
Notarj
Public.
State of lilinois
My Commission
Expires
09127/06
~
BEFORE
TUE
XLLI1’TOIS
POLLUTION
CONTROL
BOARD
CLERK’S
omct
•
.
.
APR
102003
PEOPLE
OF
THE
STATE OF ILLINOIS,.
ex..rel.
LISA
M?~DIG~JN,
Attorney
3
STATEOFILLINOIS
aeneral
of the State of Illinois,
)
.
Pollution
Control Board
Complainant,
.
.
v.
3
PCB No.
02-77
MILLENIUM RECYCLING
&
SOLID WASTE
CONSULTN~TS,INC.,
an
Illinois
corporation,
SHERRI
CLEMENTI,
.
3
individually
and
as
President
of
MILLENItJM RECYCLING &
SOLID
WASTE
3
-
CONSULTANTS,
INC.,
and MICHAEL
LORENCE individually;
-
.
.
.
Respondent.
NOTICE
OF
PILING
To:
See
Attached
Service
List
PLEASE
TAKE
NOTXCE,that
the
Plaintiff,
PEOPLE
OF
THE
STATE
OF
ni~rnoiS,filed before the Illinois. Pollution Control Board, its
~otion for Leave to File an ~anenda6Complaint,
a tnie and correct copy
of which is attached and hereby served upon you.
Failure to file an answer to this amended complaint within
60 days may have severe consequences.
Failure to answer will
mean that all allegations in the complaint will be taken as if
admitted for purposes of this proceeding.
If you have any
s.t_iesab9~4.h.is_pro~edure.,._youshoul&contact
th&JieaxLinç..
officer assigned to this proceeding,
the Clerk’s Office or an
attorney.
Respectfully submitted,
PEOPLE OF
THE
STATE
OF
ILLINOIS
ex rel. LISA
MADIGAN
Attorney General of the State of
Illinois
BY:
______
MITCHELL L.
COHEN
Assistant Attorney General
Environ-rtjental B~ireau
188 W. Randolph,
Suite
2003.
Chicago,
Illinois 60601
(312)
814—5282
DATE~April
10,
2003
THIS
PILING SUBMITTED ON RECYCLED PAPER
EXHIBIT
PT,
BEFORE
~‘EE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
ax
x-el.
LISA MADIGAN, Attorney
-
3
General
of the State of Illinois,
3
SOrru-r
complainant,
NOV
~
2003
v
)
PCB
No.
~29SfE
OF
ILLINOIS
dllut on
Control Board
MILLENIUM RECYCLING
&
SOLID WASTE
CONSULTANTS,
INC.,
an
Illinois
Corporation,
-SHERRI
CLEMENTI,
)
-
individually
and
as
President
of
MILLENIUM RECYCLING
& SOLID WASTE-
CONSULTANTS,
INC.,
and MICHAEL
LORE1GCE
individually,
Respondent.
3
PROOF OP SERVICE
COMES NOW the Complainant,
People of the State of Illinois, and
pursuant to the Order of the Board dated October 2,
2003, provides
proof of service of the April
10,
2003 Amended Complaint. Attached are
copies of the Notice of Filing,
Service List, Certificate
of Service,
and Return Receipts from Respondents Sherri Clementi and Michael
Lorence.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
ax rel.
LISA
MPIDIGAN
Attorney General of the State of
-
~LL2S~
Assistant Attorney General
Environmental Bureau
188 W. Randolph,
Suite 2001
Chicago, Illinois 60601
-
(312)
814-5282
DATE: November
3,
2003
THIS FILING SUBMITTED ON RECYCLED PAPER
SERVICE
LIST
Milleniura Recycling & Solid -Waste Consultants,
Inc.
-
-
C/O Sherri
Lynn
Clementi
President and Registered Agent
1133 Hilibrest
Carol Stream,
IL 60188
Sherri
Lynn
Clementi
(Sent Certified Mail)
1133 Hillcrest
Carol
Stream,
IL 60183
Michael Lorence
(Sent
Certified Mail)
1133 Hillcrest
Carol
Stream,
IL 60188
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center,
Suite 11-500
Chicago, Illinois 50601
CERTIFICATE OF SERVICE
-
I,
MITCHELL L.
COHEN,
an Assistant Attorney General,
do certify
that I caused to be mailed this lath day of April,
2003,
the foregoing
-
NOTICE OF FILING and Notion -for Leave to File an Amended Complaint, by
Certified Mail as noted on the Service List and First Class U.S. Mail
in a postage prepaid envelope to those listed on the Service list and
depositing the same with the United States Postal Service located at
too West Randolph Street, Chicago,
Illinois 50501.
Assistant Attorney General
• a
Complete items
1
•
2,
and
S.
Also complete
•
item
4
If Restricted Delivery
is
desired.
N
Print your name and address
on the reverse
so that we can return the card to you.
N Attach this card to the back of the
mallplece,
or on the front if space permIts.
1.
MIcle Addressed to:
erri
Lynn Clementi
33 Hillcrest
roT Stream,
IL
60188
n
SENDER:
COk2PLETE THIS SECTION
(.~fj/~)ff
THIS
SECTION
ON
DELIVERY
A.
Received by (P/ease
Print CSH.~9
B.
Date
of Delivery
C!
SI
nature
X
Q~JnMrodBnQ&~p
Agent
D.
Is
delivery address different
from
Item
1?
tTYes
II
YES
enter delivery
address
below:
~
No
ityb
3.
flvlcelype
~CerUfiedMail
0
Express Mall
11
Registered
~V~etum
Receipt for Merchandise
C insured
Mall
U C.O.D.
-
4.
RestrIcted Delivery?
(&Ve Fee)
C
Yes
Z
Article Number
stop)’ from
service IabeO
9~a
~O~3O
O~o-
/tTh.3t10
1O259&s~M.li
PS ~
3811,
July 1999
Domestic
Return
RecSpt
L
(1
Li
I
COMPLETE THIS
SECTION
COMPLETE THIS SECTION
ON
DELIVEHY
Complete ftems
1,
2,
and 3. A/so complete
ftem 4 If Restricted belivery
L5 desired.
PrInt your name and address on the reverse
so that we can return the card to you.
Attach this card to the back-of the maliplece,
or on the front if space permits.
-
A.
Received by (Please
Pth,t
CIear~
B.
Date of Delivery
I
0.
SI
ture
X
k’A~’nrç
~
2~
I
D,
Isdeflveryaddressdifferentfromlternl?
C Yes
ktlcle
Addressed to:
•
,ichael
Lorence
arc1
Stream,
IL
60188
133 Hillcrest
~
•
•
-
•
•
If
YES,
enter delivery address be
~
~No
3.
ServIce 1~pe
~çe~ufied
Mail
0 Express Mall
C
Registered
~jReturi~
Receipt
for Merchandise
0 insured Mail
~‘c.o.D.
4.
Pesticted Delivery? ~Eta
Fee)
Dyes
2. ArtIcle Number
(Copy from
serv/ce
IabeQ
Yn’i&
o~.o3ocaoJ/i—/ncda7
102595.994.1789
P&Form
3811,
July
1999
Domestic Return Receipt
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLiNOIS
)
Ex rel. LISA MADIGAN, ATTORNEY
)
General ofthe
State ofIllinois,
)
PCB
2002-077
)
Petitioner,
)
v.
)
MILLENIIJM RECYCLING & SOLD
WASTE
)
CONSULTANTS, INC., an Illinois corporation,
SHERI CLEMENTI, individually
and
as President
)
Of MILLENIUM RECYCLING & SOLID WASTE)
CONSULTANTS, INC.,
and MICHAEL
)
LORENCE,
individually,
)
)
Respondent.
)
AFFIDAVIT OF MICHAEL LORENCE
Under penalties as provided by law pursuant to
735
ILCS 5/1-109 of the Code of Civil
Procedure, I, Michael Lorenee,
certify
that the statements set
forth in this instrument
are true
and
correct.
1.
I was not served notice of this lawsuit
and
as such notice was ineffective
and
void,
pursuant
to
Title 35, Chapter
1,
Section
163, Paragraph 204 (a) ofthe Environmental
Protection Provisions.
2.
Additionally, the Illinois Code ofCivil Procedure as stated at 735
ILCS
§
5/2-203(a)
states as
follows:
“~
2-203.
Service on Individuals.
#46080
KUPISCH&CARBON,
(a)
Except
as otherwise
expressly
provided, service of
summons upon an
AFFORNEYSATLAW
individual defendant shall be made (1) by leaving a copy of the summons
201 N.CHURCH ROAD
with the defendant personally, (2) by leaving a copy
at the defendant’s usual
BENS~IlLLEi~6OIO6
place of abode, with some person ofthe family or a person residing there, of
FAX(630)595-4598
the
age of 13 years or upwards,
and
informing that person of the contents of
the
summons,
provided the officer or other
person making service shall also
send a copyofthe summons in
a sealed envelope with postage filly prepaid,
addressed to the defendant at his
or her usual place of abode, or (3) as
provided in
Section 1-2-9.2 of the Illinois Municipal Cod& with respect to
violation of an ordinance governing parking or standing of vehicles in cities
EXHIBIT
LEJ
with a population over 500,000.
The certificate ofthe officer of affidavit of
the person that he or she has sent the copy in pursuance ofthis
Section is
evidence that he or she has done
so.”
3.
Said
service is ineffective upon Michael Lorence
and
void pursuant to 735
ILCS_512-
203
(a) ofthe Illinois Code ofCivil Procedure.
4.
At no time was I an
officer or a director ofMillenium Recycling and
Solid
Waste
Consultants, Incorporated.
5.
At no time was I a party to
any
equipment lease, real estate
lease orother agreement
entered into by Millenium.
6.
At no time did I enter into any
contractual service obligations on behalf ofMillenium.
7.
Clementi was at all relevant times the sole officer, director
and owner ofMillenium
Recycling and
Solid Waste Consultants, Incorporated.
FURTHER AFFIANT SAYETH NAUGHT
Respectfully Subnti~ted,
Th
Michael Lorence
-
SUBSCRIBED and S4VO~J’J
to before me
this
/t’/
~1day of
~
,
2005.
~
__
Nø(aryPubno~
-
-
~
“OFFICIAL
SEAL’
ELIZASETH
K.
SCARiM
Notary
Rubric,
State
of illinois
#46080
My Ccmmiss:on
Exprres
09t27/06
KUPISCH&CARBON,
Lid.
ATTORNEYS
AT LAW
201 N. CHURCH ROAD
BENSENVILLE IL 60106
(630)
595-4520
FAX (630)
595-4598

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