BEFORE THE ILLINOISPOLLUTION CONTROL BOARD
C&F PACKING COMPANY, INC. an
Illinois corporation,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and
LAKE COUNTY,
Respondents .
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite . 11-500
Chicago, Illinois 60601
Lake County Department of Public Works
650 West Winchester Road
Libertyville, Illinois 60048
Victor Filippini, Esq .
Holland & Knight LLC
131 South Dearborn, 30t° Floor
Chicago, Illinois 60603
DATED: December 8, 2005
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
PCB 06-053
(Water-Variance)
NOTICE
Brett D. Heinrich, Esq
.
Meckler Bulger & Tilson LLP
123 North Wacker Drive
Suite 1800
Chicago, Illinois 60606
Dan Jasica, Assistant State's Attorney
Civil Division
Office of the State's Attorney of Lake County
18 North County Street
Waukegan, Illinois 60085
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
Control Board the MOTION TO FILE INSTANTER/PURSUANT TO MOTION FOR EXTENSION
OF TIME and MOTION TO DISMISS of the Illinois Environmental Protection Agency, copies of
which are herewith served upon you .
ILLINOIS ENVIRONMENTAL
PROTE
ION AGENCY
B
RECEIVED
CLERK'S OFFICE
DEC
1 2 2005
STATE OF ILLINOIS
Pollution Control Board
r arles
. Gunnarson
Assistan Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Petitioner,
)
PCB 06-053
v .
)
(Water-Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
LAKE COUNTY,
)
Respondents .
)
MOTION TO FILE INSTANTER/PURSUANT TO MOTION FOR EXTENSION
OF TIME THE MOTION TO DISMISS OF RESPONDENT ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
NOW COMES Respondent ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), by Charles W . Gunnarson, one of its attorneys, and for its
Motion to File
Instanter/Pursuant
to Motion For Extension of Time its Motion to
Dismiss, states as follows
:
1 .
According to the notice and proof of service filed by the Petitioner C&F
PACKING COMPANY, INC . ("C&F"), it filed its variance petition ("Petition") in the
above-captioned matter with the Illinois Pollution Control Board ("Illinois PCB") on
October 28, 2005 and the Petition was served upon the Illinois EPA on October 29, 2005
via messenger service .
2 .
Pursuant to 35 Ill. Adm. Code 101.506, all motions to dismiss must be filed
within 30 days after service of the challenged document. Based on the date of service,
the Illinois EPA had until November 29, 2005 to file any such motion pursuant to 35 Ill
.
Adm. Code 101.506
.
C&F PACKING COMPANY, INC . an
Illinois corporation,
THIS FILING IS SUBMITTED ON RECYCLED PAPER
3
.
On November 22, 2005 counsel for the Illinois EPA filed its Motion For
Extension of Time to File Responsive Pleading with the Illinois PCB . Due to a death in
the family of counsel for the Illinois EPA and the unavailability of other Illinois EPA
staff necessary for review of any responsive pleading prior to filing due to the
Thanksgiving holiday, counsel for the Illinois EPA was unable to adequately prepare and
complete its response to the Petition by close of business November 29, 2005, and thus
filed the above-noted motion. Counsel for the Petitioner C&F Packing Company, Inc
.
and Respondent Lake County were contacted by counsel for the Illinois EPA prior to the
filing of the above-noted motion and expressed no objection to its filing .
4
.
The Illinois PCB noted receipt of the Motion For Extension of Time to File
Responsive Pleading on November 28, 2005 in the minutes of its regularly-scheduled
meeting held on December 1, 2005 . However, the Illinois PCB did not rule upon the
motion during its December 1, 2005 meeting .
5
.
The Illinois EPA has filed simultaneously with the Illinois PCB this motion
and its Motion to Dismiss the variance petition of Petitioner C&F Packing Company, Inc
.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
WHEREFORE, Respondent Illinois EPA respectfully requests the Illinois PCB to
either allow it to file its Motion to Dismiss
Instanter
or pursuant to its earlier Motion For
Extension of Time to File Responsive Pleading, or for any just cause found by the Illinois
PCB
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTE TON AGENCY
DATED: December 8, 2005
Charles W. Gunnarson
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276"
Springfield, Illinois 62794-9276
(217) 782-5544
By :
IJAU.
harle W. Gu
arson
Assistant Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOAC E I V E D
CLERICS OFFICE
C&F PACKING COMPANY, INC . an
)
DEC 1 2
Illinois corporation,
)
2005
STATE OF
ILLINOIS
Petitioner,
Pollution Control Board
PCB 06-053
v .
)
(Water-Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
LAKE COUNTY,
)
Respondents .
)
MOTION TO DISMISS OF RESPONDENT ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
NOW COMES Respondent ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), by Charles W. Gunnarson, one of its attorneys, and for its
Motion to Dismiss the variance petition of Petitioner C&F PACKING COMPANY, INC
.
("C&F"), pursuant to 35 Ill. Adm. Code 101.506 and 104.230(a) and (b), states as
follows :
1
.
On October 28, 2005, according to the Notice and Proof of Service sworn
to by C&F's attorney, it filed a Petition for Variance ("Petition") with the Illinois
Pollution Control Board ("Board") for relief from the requirements of 35 Ill . Adm. Code
309.222(b)(2004). The Petition for Variance was physically received by the Illinois EPA
on October 29, 2005, a Saturday and date-stamped November 1, 2005 .
2 .
35 Ill. Adm. Code 309.222(b) provides that, "Permit applications for sewer
construction or modification shall be accompanied by signed statements from the owners
of all intermediate receiving sewers and the receiving treatment works certifying that
their facilities have adequate capacity to transport and/or treat the wastewater that will be
1
added through the proposed sewer without violating any provisions of the Act and this
Chapter."
3
.
In its Petition, C&F alleges that, because it has been unable to obtain the
signature of Lake County, Illinois ("the County") for the supplemental construction
permit application ("Application") for its wastewater pretreatment system ("System") at
its facility at 515 Park Avenue, Lake Villa, Illinois, it cannot resolve a pending
enforcement with the State of Illinois regarding, in part, its failure to construct its
wastewater pretreatment system per the terms of the initial construction permit granted to
it by the Illinois EPA. Throughout its Petition, C&F alleges that the County is
"improperly" withholding its signature from the Application because the required sewer
connection fees owed to the County and the Northwest Region Water Reclamation
Facility ("NRWF"), operated by the Village of Fox Lake, for the connection of its System
to the County's sewer interceptor and ultimately the NRWF have not been paid .
4 .
C&F alleges that, short of immediately obtaining the signature of the
County on its Application, the only way it can obtain compliance is to construct its own
self-contained wastewater treatment system and have its own treated effluent discharge to
waters of the State .
5 .
C&F's allegations fail to address many of the requirements of 35 Ill . Adm .
Code 104.204, and the relief it seeks lies outside the Board's variance regulations, and
therefore should be dismissed
.
6 .
One important fact that C&F fails to address in its Petition is that it holds a
readily-available way to obtain compliance with 35 Ill. Adm. Code 309.222(b) through
obtaining the County's signature: it can pay the connection fee. While that would require
2
an expenditure of money, such connection fees are common not only in the Lake County,
Illinois area but throughout the State of Illinois. Such fees are used to offset the costs of
connection request reviews, sewer system operations, maintenance and repairs. C&F not
.
only fails to recognize this means of compliance is available, but further fails to even
acknowledge the cost of this option in its analysis of compliance alternatives. The
availability of this option, which would seem to resolve the County's issues with
providing its signature to C&F's Application, demonstrates that C&F "holds the key to
the jailhouse" in this matter, and has essentially created its own noncompliance issue that
can readily be resolved through its own reasonable efforts . Coupled with its failure, to
provide any cost data on the "self-treatment" option it noted in its Petition, and it is
apparent C&F has failed to provide sufficient proof that compliance with 35 Ill . Adm
.
Code 309 .222(b) is an arbitrary and unreasonable hardship
.
7 .
The reliance by C&F on the Hawthorn Realty Group, Inc . v. Illinois
Environmental Protection Agency and Village of Lincolnshire ("Hawthorn") ; PCB 85-85
(October 10, 1985) case as support for its position is misplaced. In Hawthorn, a
developer constructed a multi-building office park that straddled the then-corporate limits
of the Village of Lincolnshire ("Village") and then-unincorporated Lake County, and
wished to provide sewer service for all its development from a sewer connected to the
Village. The Village initially allowed the connection of Phase I of the project, located
within its corporate boundaries, but refused to sign off on the construction permit
application needed for the connection of the rest of the project to its collection system
until the developer annexed that portion of the project to the Village. The Board granted
the developer a variance in that case because the only options available to it were to
3
construct its own treatment system or connect to another system, and it believed the
annexation issue, really unrelated to the collection and treatment of wastewater, should
not be addressed by the Board .
8
.
In the present case, there is no demand being placed on C&F to obtain the
County's signature on the Application that is unrelated to the legitimate needs for the
operation of the wastewater collection and treatment system. Connection fees are
commonly charged to users of such systems to provide the operators with capital
necessary to properly operate and maintain those systems . Governmental entities do not
have to compel those outside their corporate limits to annex to them before they may
choose to treat wastewater from outside their boundaries . Those governmental entities,
however, do need operating capital to properly maintain and operate those systems, so
requiring the payment of some user fees is not an unreasonable hardship upon those using
the system. As such, C&F has not demonstrated that complying with 35 Ill . Adm. Code
309.222(b) poses an arbitrary and unreasonable hardship for which it should receive
relief.
9 .
Were the Board to ultimately grant C&F a variance as it requests in this
matter, it would set a dangerous precedent for future sewer system users to use variances
as a means to avoid paying connection fees or to avoid other local requirements . Simply
by alleging that the withholding of a signature on a permit application for any means is
grounds to avoid the signature requirement, local and county governmental entities
involved in sewage collection and treatment would be stripped of their right to control
who uses their facilities and how those facilities are used . The requirement in 35 Ill
.
Adm. Code 309.222(b) is for applicants to obtain local signoff on their applications,
4
ostensibly by complying with whatever reasonable requirements the local authority might
impose, not that local authorities are required to provide such signoff whenever sufficient
capacity exists. The General Assembly surely did not intend for the Board or other
entities to usurp the authority of local wastewater treatment entities to determine when
and how they will accept dischargers to their systems. The fact that C&F already
discharges to the County and the NWRF is irrelevant to the issue at hand, as the need for
the fees remains constant and to allow such a variance eliminates local control over the
amount and nature of dischargers to their wastewater collection and treatment systems
.
10 .
The actual relief requested by C&F in this variance is curious and goes
beyond the relief allowed in standard variances under the Board's rules
.
35 Ill. Adm .
Code 104.200(a)(1) states in pertinent part that, "A variance is a temporary exemption
from any specified rule, regulation, requirement or order of the Board, which may be
granted by the Board
.
.
. for a period of time not to exceed five years ." (emphasis added)
C&F requests the relief be granted retroactively from the date it first made a request upon
the County for signature until, "up to one year from the time of the Board's decision or
until the Illinois EPA has reviewed and approved the Supplemental Permit Application,
whichever occurs first ." (Var. p. 22) In essence, C&F is proposing it be allowed to avoid
complying with 35 Ill. Adm. Code 309.222(b) altogether, since once the construction
permit is issued by the Illinois EPA, the need for the County's signature would be
rendered moot. The variance process is intended to provide only temporary relief from a
regulatory requirement to allow the petitioner time to take steps to come into compliance
.
Under C&F's proposal, it would never have to comply with 35 Ill . Adm. Code
5
309.222(b). Such a request is contrary to the Board's own variance regulations as noted
above, and as such cannot be granted by the Board
.
11
.
Variances are not retroactive and the Board does not grant retroactive
variances unless such relief is specifically justified
. City of Carlyle v. Illinois
Environmental Protection Agency, PCB 03-11, 7 (Nov. 7, 2002) ("Carlyle"), citing Deere
& Co. v. IEPA, PCB 88-22 (Sept . 8, 1988). The Board will generally not apply a
variance retroactively if the petitioner's hardship is self-imposed as a result of petitioner's
inactivity or faulty decision-making
.
Carlyle, PCB 03-11, 7 (Nov. 7, 2002), citing
Marathon Oil Co . v. IEPA, PCB 95-150 (May 16, 1996)
.
12 .
In Carlyle the Board refused to grant retroactive variance coverage to the
petitioner when its noncompliance was due to its failure to accurately measure its
customer base when determining if it would be forced to comply with a particular
treatment standard based on customer size. In, City of Salem v. Illinois Environmental
Protection Agency, PCB 02-87 (March 21, 2002) ("Salem") the Board refused to grant
retroactive variance coverage to the petitioner when it filed its variance petition days
before a compliance deadline was to be reached that had been known to the petitioner for
some time . Salem, PCB 02-87, 6 (March 21, 2002) .
13
.
The circumstances behind C&F's noncompliance in this matter are
similar to those in the Carlyle and Salem cases. C&F failed to comply with the terms of
the initial construction permit issued it by the Illinois EPA for its wastewater
pretreatment facility. When it needed to obtain a supplemental permit to reflect the
actual nature of the system, local authorities noted that a connection fee was owed by
C&F for its wastewater discharge to their collection and treatment systems, and
6
apparently have demanded that fee. C&F has apparently refused or otherwise failed to
pay the fee, and thus cannot obtain local sign-off for its supplemental permit application
.
It has had since at least early November 2004 to rectify the permit issue, but for whatever
reason has failed to address the fee issue with the local authorities
.
(See Exhibit A)
Instead of addressing the issue in a direct fashion and resolve the issue it created by its
own inaction/lack of action, C&F has chosen to circumvent the local review issue and
instead seek a complete waiver of the local signature requirement
. As in the Carlyle and
Salem cases, C&F's situation for which it is seeking relief is a self-imposed problem, and
as such does not warrant retroactive variance relief, much less any variance relief
.
14
.
A more appropriate method to resolve whatever issues C&F has with
complying with the County's requirements for sewer connection appears to be through a
mandamus action filed in Circuit Court. Through a mandamus action, the Circuit Court
would determine the appropriateness of the County's action in withholding signature
from C&F's application, and if found to be in contravention of its duties under the law,
be compelled to sign the Application and resolve the issue
. Thus, an issue essentially of
local concern could be addressed by a local tribunal, and the authority of the Circuit
Court can more effectively address the true issue at hand here; namely, C&F's apparent
unwillingness to pay the County a fee for its sewer connection and any legal justification
for that position .
7
WHEREFORE, Respondent ILLINOIS EPA respectfully requests the Board to
dismiss C&F's variance petition for the grounds noted above or for any other just cause
found by the Board
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DATED: December 8, 2005
Charles W. Gunnarson
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
8
By :
A l i
.(,'
Charl-'S'dw Uuunnarson
Assistant Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
b
217/782-9720
November 1, 2004
C & F Packing Company
515 Park Avenue
Lake Villa, Illinois 60046
Attention: Mr. Dennis Olson
Re:
Violation Notice: W-2004-00568
Facility I.D . : ILU000624
Dear Mr. Olson :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND
AVENUE
EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276, 217-782-3397
JAMES
R .
THOMPSON CENTER,
100
WEST RANDOLPH,
SUITE 11-300,
CHICAGO,
IL 60601, 312-814-6026
ROD
R .
BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
CERIIFIED MAIL 9 7002 3150 0000 1107 7840
RETURN RECEIPT REQUESTED
This constitutes a Violation Notice pursuant to Section 31(a)(1) of the Illinois Environmental
Protection Act, 415 ILCS 5/31(a)(1), and is based upon review of available information and
investigation by representatives of the Illinois Environmental Protection Agency ("Illinois EPA") .
The Illinois EPA hereby provides notice of violations of environmental statutes, regulations or
permits as set forth in Attachment A to this letter . Attachment A includes an explanation of the
activities that the Illinois EPA believes may resolve the specified violations, including an estimate of
a reasonable time period to complete the necessary activities. However, due to the nature and
seriousness of the violations cited, please be advised that resolution of the violations may also
require the involvement of a prosecutorial authority for purposes that may include, among others, the
imposition of statutory penalties
.
A written response, which may include a request for a meeting with representatives of the Illinois
EPA, must be submitted via certified mail to the Illinois EPA within 45 days of receipt of this letter
.
The response must address each violation specified in Attachment A and include for each, an
explanation of the activities that will be implemented and the time schedule for the completion of
each activity. Also, if a pollution prevention activity will be implemented, indicate that intention in
any written response . The written response will constitute a proposed Compliance Commitment
Agreement ("CCA") .pursuant to Section 31 of the Act. The Illinois EPA will review the proposed
CCA and will accept or reject the proposal within 30 days of receipt
.
ROCKFORD-4302 North Main Street, Rockford, IL 61103- (815) 987-7760
•
DES PIINES-9511 W. Harrison St., Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131
•
PEORIA - 5415 N . University St., Peoria, IL 61614-(309) 693-5463
BUREAU OF LAND
- PEORIA- 7620 N. University St., Peoria, IL 61614-(309) 693-5462
•
CNAUPAIGN-2125 South First Street, Champaign, IL 61820-(217) 278-5800
SPRINGFIELD-4500 S. Sixth Street Rd., Springfield, IL 62706-(217) 786-6892
•
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234 -(618) 346-5120
MARION - 2309 W. Main St., Suite 116, Marion, IL 62959 .-(618) 993-7200
Page 2
C & F Packing Company
VN W-2004-00568
If a timely written response to this Violation Notice is not provided, it shall be considered a waiver
of the opportunity to respond and meet, and the Illinois EPA may proceed with a referral to the
prosecutorial authority .
Written communications should be directed to BEVERLY BOOKER at the ILLINOIS EPA,
BUREAU OF WATER, CAS #19, P.O. BOX 19276, SPRINGFIELD, ILLINOIS 62794-9276 . All
communications must include reference to this Violation Notice number, W-2004-00568
.
Questions regarding this Violation Notice should be directed to BARB CONNER at 217/782-9720
.
Michael S. Garretson, Acting Manager
.Compliance Assurance Section
Bureau of Water
Attachment A
Inspection Report Enclosed
PAGE 1 OF 2
ATTACHMENT A
ILU000624
C & F PACKING COMPANY
VIOLATION NOTICE: W-2004-00568
Questions regarding the violations identified in this attachment should be directed to Barb Corner at
(217) 782-9720
.
On July 9 and 10, 2004, the operators at the Village of Fox Lake Water Reclamation Facility noted a slug load,
which was traced to C & F Packing. The operators called C & F Packing and were informed that a malfunction in
the pretreatment system had resulted in the slug loads at the POTW. On August 15, 2004, the Village of Lake Villa
was called out for a sanitary sewer manhole overflow on Park Avenue and Route 83 directly across the street from
C & F Packing. The cause was found to be an obstruction of the sewer flows due to accumulated grease in the area
of the company's lateral connection to the sewer
.
On September 3, 2004, representatives of the Villages of FoS Lake and Lake Villa and of the Illinois EPA conducted
a follow-up site investigation . During this investigation, both the manhole with the C & F Packing connection in the
sanitary service line, which had been plugged, and the manhole across the street, which had overflowed, were
observed. All overflowed sewage entered a catch basin that discharges into a pond in a residential subdivision . The
pond was entrenched with algae . This pond overflows into the storm sewer, which ultimately flows to the wetlands
.
An inspection was also made of the C & F Packing pretreatment system . During this inspection it was noted that the
existing pretreatment system deviated significantly from the plans and specifications that were submitted to the
Illinois EPA and permitted by Permit No . 2002-EN-0089-1 .
A review of information available to the Illinois EPA indicates the following violations of statutes, regulations or
permits. Included with each type of violation is an explanation of the activities the Illinois EPA believes may
resolve the violations including an estimated time period for resolution
.
Pass Through/Interference
C & F Packing has discharged wastewater with a high concentration of grease causing an obstruction of sewer flows
and slug loads at the Village of Fox Lake Water Reclamation Facility. This situation is expected to be resolved
immediately .
Violation
Violation
Date
Description
07/09/2004,
No person shall introduce pollutants which .interfere with the operation or performance of the
07/10/2004,
POTW.
and
08/15/2004
Rule/Reg
. :
Section 12(a) and (h) of the Act, 415 ILCS 5/12(a) and (h) (2004),
35111. Adm. Code 307.1101 (a) (2)
PAGE 2 OF 2
.
ATTACHMENT A
ILU000624
C & F PACKING COMPANY
VIOLATIONNOTICE: W-2004-E0568
Systems Reliability
Review the operations/operational procedures of the pretreatment system and evaluate the equipment in order to
correct the deficiencies, which caused the violations . Compliance is expected to be achieved immediately-
Violation
Violation
Date
Description
0709/2004
All treatment works and associated facilities shall be so constructed and operated as
to minimize
and
violations of applicable standards
.
07/10/2004
Rule/Reg .
:
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004),
35 Ill. Adm. Code 306.102
Failure to Construct Wastewater Treatment Facility as Permitted by Illinois EPA
Take the appropriate actions to assure that the pretreatment system conforms with the plans and specifications
that
were submitted to the Illinois EPA resulting in the issuance of the construct and/or operating Permit No .
2002-EN-0089-1. Compliance is expected to be achieved within 45 days
.
Violation
Violation
Date
Description
09/03/2004
There shall be no deviations from the approved plans and specifications
.
Rule/Reg .: Section 12(b) of the Act, 415 ILCS 5/12(b) (2004),
Standard Condition 3 of Permit No . 2002-EN-0089-1
STATE OF ILLINOIS
COUNTY OF SANGAMON
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite. 11-500
Chicago, Illinois 60601
Lake County Department of Public Works
650 West Winchester Road
Libertyville, Illinois 60048
Victor Filippini, Esq .
Holland & Knight LLC
131 South Dearbom, 30'
h
Floor
Chicago, Illinois 60603
and mailing them from Springfield, Illinois on December 8, 2005 with sufficient postage
affixed for first class mail .
SUBSCRIBED AND SWORN TO BEFORE ME
this eighth day of December, 2005
,
ia ice.`
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached MOTION TO FILE
INSTANTER/PURSUANT TO MOTION FOR EXTENSION OF TIME
and
MOTION TO DISMISS, upon the person to whom it is directed, by placing copies in an
envelope addressed to
:
Brett Heinrich, Esq .
Meckler Bulger & Tilson LLP
123 North Wacker Drive
Suite 1800
Chicago, Illinois 60606
Dan Jasica, Assistant State's Attorney
Civil Division
Office of the State's Attorney of Lake County
18 North County Street, 4
Floor
Waukegan, Illinois 60085
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
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THIS FILING IS SUBMITTED ON RECYCLED PAPER
