ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE
OF THE STATE
OF ILLINOIS)
Complainant,)
vs.)
ENVIRONMENTAL
HEALTH AND
SAFETY, an)
PCB
05-51
Illinois
corporation,
)(Enforcement-Air)
Respondent.)
NOTICE OF FILING
TO:
Mr. Bryan
G. Selander
Schlueter Ecklund
4023 Charles
Street
Rockford, IL 61108
Mr. Bradley
P. Halloran,
Hearing Officer
Illinois
Pollution
Control Board
James R. Thompson
Center
100 West
Randolph, Suite 11-500
Chicago, IL 60601
PLEASE
TAKE NOTICE
that I have
today electronically
filed
with
the Office of
the
Clerk of the Pollution
Control Board
a copy of the
Complainant's
Request for
Admission
of Facts, a copy
of which is
attached and herewith
served
upon you.
Bly: a%
1)
s
Dated:
fe~e'~b''
'
cO
Katherine M. Hausfath
PEOPLE OF
THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the State of
Illinois
By: Assistant
Attorney
General Katherine
M. Hausrath
Environmental
Bureau
188
West Randolph,
2 0
th
Floor
Chicago,
IL 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
by LISA MADIGAN, Attorney General
of the State of Illinois,)
Complainant,)
vs.
)
PCB No. 05-51
)
(Enforcement
-
Air)
ENVIRONMENTAL HEALTH AND SAFETY
)
SERVICES, INC., an Illinois corporation)
Respondent.
COMPLAINANT'S FIRST REQUEST FOR ADMISSION OF FACTS
ON RESPONDENT ENVIRONMENTAL HEALTH AND SAFETY SERVICES,
INC.
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, pursuant to 35 Illinois Administrative Code Section 101.618,
hereby serves the following Request for Admission of Facts upon Respondent,
ENVIRONMENTAL HEALTH AND SAFETY SERVICES, INC., to be answered in writing,
under oath, within 28 days for the date of service hereof.
Failure to respond to the following requests to admit within 28 days may have severe
consequences. Failure to respond to the following requests will result in all the facts requested
being deemed admitted
as true for this proceeding. If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding or an attorney.
INSTRUCTIONS
The Illinois Pollution Control Board ("Board")'s Rules for Hearings,
Evidence
and
Discovery, 35 111. Adm. Code 101.618 provides as follows:
a)
General. All requests to admit must be served upon a party no later than 35 days
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
before hearing.
All answers or objections to requests to admit must be served
upon the party
requesting the admission within 28 days after the service of the
request.
b)
Extension of Time. In accordance with Sections 101.522 and 101.610 of this
Part,
the hearing officer may extend the time for filing any request, answer, or objection
either before or after the expiration of time.
9
Admission in the Absence of Denial. Each of the matters of fact and the
genuineness of each document of which admission is requested is admitted unless,
within 28 days after service thereof, the party to whom the request is directed
serves upon the party requesting the admission
either a sworn statement denying
specifically the matters of which admission is requested or setting
forth in detail
the reasons why
the party cannot truthfully admit or deny those matters, or written
objections on
the ground that some or all of the requested admissions are
privileged or
irrelevant or that the request is otherwise improper in whole or in
part. If written objections to a part of the request are made,
the remainder of the
request must be answered within the period
designated in the request. A denial
must fairly address the substance
of the requested admission.
g)
Partial Denial or Qualification. If good faith
requires that a party deny a part of a
matter
for which an admission is requested, or if a part requires qualification,
the
party must specify the part which is denied or qualified and admit
only the
remainder.
h)
Objection. Any objection to a request
or to any answer must be stated with
specificity, and will be heard by the hearing
officer
upon
notice and motion of the
party making the request.
i)
Effect of Admission.
Any admission made by a party pursuant to a request under
this Section is for the purpose of the pending proceeding only. It does not
constitute an admission by the party
for any other purpose and may not be used
against him in any other proceeding.
DEFINITIONS
-2-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
I. "Respondent" or "EH&S" shall mean Environmental
Health and Safety Services, Inc.,
and any of Respondent's
,
agents, representatives, successors
or assigns, or any other person
acting
or believed by Respondents to have acted on their behalf.
2. "Facility" shall mean the former Lincoln Park School, located
at 4103 West State
Street, Rockford, Winnebago County, Illinois.
3. "Or" shall mean and/or wherever appropriate.
4. "Illinois EPA" and/or
"IEPA" means the Illinois Environmental Protection
Agency.
5. "ACM" shall mean asbestos-containing material.
6. "Notification" shall mean the Notification
of Demolition and Renovation, sent by
EH&S to Illinois EPA,
dated December 6, 2002.
7. Unless otherwise stated, all Requests
to Admit refer to the time period of January
2002 until the time of this filing.
8. All terms not specifically defined
herein shall have their logical ordinary meaning,
unless such termis are defined in the Act or the regulations promulgated thereunder,
in which case
the appropriate
or regulatory definitions shall apply.
FACT
NO. 1:
Admit that EH&S was
located at 1304 Derby Lane, Rockford, Winnebago County,
Illinois 61107.
RESPONSE:
FACT NO. 2:
-3-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
Admit that EH&S' registered agent
is located at 4023 Charles Street, Rockford,
Winnebago County,
Illinois 61108.
RESPONSE:
FACT NO. 3:
Admit that EH&S conducts
asbestos consulting services, including building
inspections,
asbestos
abatement project management, and asbestos removal
and disposal activities, in Illinois.
RESPONSE:
FACT NO. 4:
Admit that EH&S owned the demolition
or renovation operation at the Facility.
RESPONSE:
FACT NO. 5:
Admit that EH&S operated the demolition
or renovation operation at the Facility.
RESPONSE:
FACT
NO. 6:
Admit that EM-IS
controlled the demolition or renovation operation
at the Facility.
RESPONSE:
-4-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
FACT NO. 7:
Admit that EH&S supervised the
demolition or renovation operation at the Facility.
RESPONSE:
FACT NO. 8:
Admit that EH&S was the asbestos
removal contractor at the Facility.
RESPONSE:
FACT NO. 9:
Admit that EH&S sent a Notification of Demolition and Renovation
("Notification") to
the Illinois Environmental Protection Agency ("Illinois EPA") dated
December 6, 2002.
RESPONSE:
FACT NO. 10:
Admit that the Notification
informed the Illinois EPA of scheduled asbestos
removal
activities to be conducted within the Facility.
RESPONSE:
FACT NO.
I11:
Admit that the Notification reported
the presence of asbestos at the Facility.
RESPONSE:
-5-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
FACT NO. 12:
Admit that the Notification stated that the asbestos
removal was scheduled to begin on
January 2, 2003.
RESPONSE:
FACT NO. 13:
Admit that the Notification stated that the a~bestos removal was scheduled to be
completed by January 24, 2003.
RESPONSE:
FACT NO. 14:
Admit that the Notification stated that
the Facility was to be demolished.
RESPONSE:
FACT NO. 15:
Admit that EH&S was the entity designated to transport waste from the Facility.
RESPONSE:
-6-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
FACT NO. 16:
Admit that Randall Oldenberger
signed the Notification as Owner/Operator of
the
Facility.
RESPONSE:
FACT NO. 17:
Admit that Randy
Oldenberger was the president of EM-1S at
the time he signed the
Notification.
RESPONSE:
FACT
NO. 18:
Admit that the Notification stated
that 1,000 linear feet of ACM on pipes was to
be
removed from the Facility.
RESPONSE:
FACT NO. 19:
Admit that the
Notification stated that 630 square feet of ACM
was to be removed from
the boilers at the Facility.
RESPONSE:
FACT NO. 20:
-7-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
Admit that the
Notification stated that 12,500 square feet of
Category I nonfriable
asbestos-containing floor tile was to be removed from
the Facility.
RESPONSE:
FACT NO. 21:
Admit that the
Notification did not state the approximate amount
of asbestos that will not
be removed during
demolition of the Facility.
RESPONSE:
FACT NO.
22:
Admit
that on January 7, 2003, Illinois EPA
inspected the Facility.
RESPONSE:
FACT NO. 23:
Admit that on January 7,
2003, EH&S informed Illinois EPA
that asbestos removal
activities had commenced
on January 6, 2003.
RESPONSE:
FACT NO. 24:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
Admit that EH&S
commenced asbestos removal activities
at the Facility two working
days after the date
stated in the Notification.
RESPONSE:
FACT NO. 25:
Admit that EH&S did not submit
to Illinois EPA a notification revising
the scheduled
starting date for asbestos removal
activities prior to the expiration
of the original scheduled
starting date of
January 2, 2003.
RESPONSE:
FACT NO. 26:
Admit that on January
7, 2003, EH&S removed dry fniable
asbestos-containing boiler
insulation located on
one boiler and boiler pipes.
RESPONSE:
FACT NO. 27:
Admit that EH&S dropped said dry
friable asbestos-containing boiler
insulation onto the
boiler room floor.
RESPONSE:
-9-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
FACT NO. 28:
Admit that on January 7, 2003 EH&S conducted asbestos removal activities within the
boiler area without utilizing a containment area with negative air.
RESPONSE:
FACT NO. 29:
Admit that on January 7, 2003 EH&S conducted asbestos removal activities within the
boiler area without utilizing a decontamination unit.
RESPONSE:
FACT NO. 30:
Admit that on January 7, 2003 EH&S conducted asbestos removal activities within the
boiler area without utilizing a bagout area.
RESPONSE:
FACT NO. 31:
Admit that on January 7, 2003 EH&S conducted asbestos removal activities within the
boiler area without utilizing water spray to control asbestos
emissions.
RESPONSE:
-10-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
FACT
NO. 32:
Admit that EH&S did not wet
all ACM during asbestos removal activities.
RESPONSE:
FACT NO. 33:
Admit that EH&S did not keep all ACM
wet until it was collected for disposal.
RESPONSE:
FACT NO. 34:
Admit that on January
7, 2003, Illinois EPA inspected one of several
bags located in the
boiler room
area of the Facility utilized by EH&S to
contain insulation.
RESPONSE:
FACT NO. 35:
Admit that on January 7, 2003, the
Illinois EPA found that at least one bag located within
the boiler room contained dry
friable asbestos-containing boiler insulation.
RESPONSE:
FACT NO. 36:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
Admit that the dry friable asbestos-containing boiler insulation that the Illinois EPA
found in said bag on January 7, 2003, could be easily crumbled by hand pressure.
RESPONSE:
FACT NO. 37:
Admit that within at least one bag utilized
to contain dry friable asbestos-containing
boiler insulation
inspected by the Illinois EPA on January 7, 2003, neither water nor
condensation
was visible.
RESPONSE:
FACT NO. 38:
Admit that on January 7, 2003, Illinois EPA collected three samples of dry friable ACM
from the Facility for anlalytical testing.
RESPONSE:
FACT NO. 39:
Admit that two of the three samples of dry
friable ACM collected on January 7, 2003
were collected from inside the boiler room work area.
RESPONSE:
-12
-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
FACT NO. 40:
Admit that one of the three samples of
dry friable ACM collected on January 7, 2003 was
collected from the area adjacent to the entry door
to the work area.
RESPONSE:
FACT NO. 41:
Admit
that the analytical testing of the three samples collected on January 7,
2003
revealed that each sample contained
concentrations of 10-30% of amosite asbestos.
RESPONSE:
FACT NO. 42:
Admit that EH&S did not
containerize all ACM at the Facility following the
removal of
the ACM.
RESPONSE:
FACT
NO. 43:
Admit
that EH&S did not label all ACM at the Facility.
RESPONSE:
FACT NO. 44:
-
13
-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
Admit that EM-IS did not wet all
ACM at the Facility.
RESPONSE:
FACT NO. 45:
Admit that during
the collection of ACM at the Facility, there
was a discharge of
emissions to the outside air.
RESPONSE:
FACT
NO. 46:
Admit that during the processing
of ACM at the Facility, there
was a discharge of
emissions
to the outside air.
RESPONSE:
FACT NO. 47:
Admit that during
the packaging of ACM at the Facility, there
was a discharge of
emissions to
the outside air.
RESPONSE:
FACT NO. 48:
-14
-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
Admit that during
the transport of ACM
at the Facility, there was a
discharge of
emissions
to the outside air.
RESPONSE:
Respectfully
submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
ex
ret.
LISA MADIGAN
Attorney General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/
Asbestos
Litigation Division
ROSEMARIE
CAZEAU, Chief
Environmental
Bureau
Assistant Attorney
General
BY:Ha
Assistant Attorney
General
Environmental Bureau
188 W. Randolph Street,
2 0
th
Floor
Chicago,
Illinois 60601
Tel: (312) 814-0660
Fax:
(312) 814-2347
khausrath~atg.state.illinois.us
DATE: Decernber(4.I
2005
-
15-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
CERTIFICATE
OF
SERVICE
I,
KATHERINE
M.
HAUSRATH,
an Assistant Attorney
General,
do certify that
I
caused to be mailed
this I
day of December,
2005, the
foregoing REQUESTS
FOR
ADMISSION
OF
FACTS to the
persons listed
on the said NOTICE
by first-class
mail in
a postage prepaid
envelope
and depositing
same with the
United States
Postal Service
located
at 188 West
Randolph Street,
Chicago,
Illinois, 60601.
It
is hereby certified
that a true
copy of the foregoing
Notice
was electronically
filed with
the following
on Decemberj
,2005:
Dorothy M. Gunn
Illinois Pollution
Control Board
James R. Thompson
Center
100 West Randolph,
Suite 11-500
Chicago, IL 60601
IKATHERINIEM.
HAUSRAtfH
Assistant Attorney
General
Environmental
Bureau
188 West Randolph,
2 0
th
Floor
Chicago,
IL 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
