BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
-vs-
)No.
05-181
PATTIISON ASSOCIATES LLC, an
)
(Enforcement
-
Air)
Illinois limited liability company,
and 5701 SOUTH CALUMET LLC, an
Illinois limited liability company,
Respondents.
To:
See Attached Service List.
(VIA ELECTRONIC FILING)
NOTICE OF FILING
PLEASE TAKE NOTICE that today pursuant to agreement for extension of time with the
Respondents and the Hearing Officer,!I have filed with the Office of the Clerk of the Illinois Pollution
Control Board by electronic filing the following Complainant's Response to Respondents' Amended
Request for Admissions of Fact, a copy of which is attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
StateOf
Illinois
BY:
UtttA
&
iL
wt-
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2O0'
Flr.
Chicago, IL 60601
(312) 814-1511
Date:
December 20,
2005
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
SERVICE LIST
Mr.
Neal Weinfield/Ms. Allyson L. Wilcox
Mr. Bradley P. Halloran
Bell Boyd & Lloyd
Hearing Officer
70 West Madison
Illinois Pollution Control Board
Suite 3 100
100 W. Randolph Street
Chicago, IL
60602
Suite 11-500
Chicago, IL 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
BEFORE-THE ILLINOIS POLLUTION CONTROL BOARD
PEQPLE OF THE STATE OF ILLINOIS)
Complainant,
vs-
)
PCB No. 05
-1
81
)
(Enforcement
-
Air)
PATTISON ASSOCIATES LLC, an)
Illinois limited liability company,)
and 5701 SOUTH CALUMET LLC, an)
Illinois limited liability company,)
Respondents.)
COMPLAINANT'S RESPONSE TO RESPONDENTS' AMENDED
REOUESTS FOR ADMISSIONS
OF FACT
Now comes Complainant, PEOPLE OF THE STATE OF ILLINOIS by LISA
MADIGAN, Attorney General of the State of Illinois, pursuant to an agreement for an
extension of time for filing, and responds to Respondents' Amended Requests for
Admissions of Fact, as follows:
1. Admit that October 15, 2003, was the first time that the Illinois Environmental
Protection Agency performed an inspection of the subject apartment complex.
ANSWER:
Admit.
2. Admit that the Illinois Environmental Protection Agency discovered alleged asbestos
containing material in only room of the basement at the subject site.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
ANSWER:
The Request is unclear, but Complainant admits that asbestos was discovered
in both sections of the basement of the subject site.
3. Admit that the Illinois Environmental Protection Agency never witnessed Pattison
performing any renovation and/or demolition of any nature in the room where the
possible asbestos containing materials were discovered.
ANSWER:
Admit.
4. Admit that the Illinois Environmental Protection Agency has no documentation
(whether written, photographic or otherwise) establishing that Pattison performed any
renovation, and/or demolition of any nature in the room where the possible asbestos
containing materials was discovered.
ANSWER:
Admit, investigation continues.
5.
Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that Pattison
performed any renovation and/or demolition of any nature in the room where the possible
asbestos containing materials were discovered.
ANSWER:
Deny.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
6. Admit that, prior to removal of the alleged asbestos containing material, the Illinois
Environmental Protection Agency did not conduct any air sampling and laboratory
analysis which established the presence of air-borne asbestos at the subject property.
ANSWER:
Admit.
7. Admit that, prior to removal of the alleged asbestos containing material, the Illinois
Environmental Protection Agency did not conduct any air sampling and laboratory
analysis which established the presence of air-borne asbestos at the subject property.
ANSWER: Admit.
8. Admit that the Illinois Environmental Protection Agency never observed any discharge
or emission of asbestos into the air at the subject site.
ANSWER:
Dry, friable asbestos was observed on the floor of the basement threatening
air emissions.
9. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) which establishes that
Pattison caused the discharge or emission of asbestos into the air at the subject site.
ANSWER:
Deny.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
10. Admit that the Illinois Environmental Protection Agency did not witness Pattison
conducting any act that threatened the discharge or emission of asbestos into the air at the
subject site.
ANSWER:
Complainant admits that Respondents allowed dry, friable asbestos to remnain
on the subject site.
1
1. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that Pattison
threatened the discharge or emission of asbestos into the air at the subject site.
ANSWER:
Deny.
12. Admit that the Illinois Environmental Protection Agency never witnessed Pattison
allowing the discharge or emission of asbestos into the air at the subject site.
ANSWER:
Deny.
13. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that Pattison
allowed the discharge or emission of asbestos into the air at the subject site.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
ANSWER:
Deny.
14. Admit that the Illinois Environmental Protection Agency has no laboratory,
photographic or other analytical documentation evidencing that Pattison allowed the
discharge or emission of asbestos into the air at the subject site.
ANSWER:
Deny.
15. Admit that the Illinois Environmental Protection Agency never witnessed respondents
ever handling, in any manner, asbestos at the subject site at any time.
ANSWER:
Admit.
16. Admit that the Illinois Environmtental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
ever handled, in any manner, asbestos at the subject site at-any time.
ANSWER:
Deny.
17. Admit that the Illinois Environmental Protection Agency has no documentation
es tablishing that respondents knew, when they purchased or worked at the subject site
that there was alleged asbestos containing material at the subject site.
ANSWER:
Admit.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
18. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) which. establishes that
respondents knew, when they purchased or worked at the subject site that there was
alleged asbestos containing material at the subject site.
ANSWER:
Admit.
19. Admit that the Illinois Environmental Protection Agency has no documentation
(whether photographic, written or otherwise) establishing that respondents knew, when
purchasing or working at the subject site that there was alleged asbestos containing
material at the subject site.
ANSWER:
Admit.
20. Admit that between March 25, 2003, and October 30, 2003, the Illinois
Environmental Protection Agency never witnessed respondents conducting renovation
activities as defined in the NESHAPs regulations at the subject site in the particular
location where alleged asbestos containing material was discovered.
ANSWER:
Complainants admit that Respondents were renovating the adjacent property
at the time of the JEPA inspection of the subject site.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
21. Admit that between March
25,
2003, and October 30, 2003, the Illinois
Environmental Protection Agency has no documentation establishing that respondents
conducted renovation activities as defined in the NESHAPs regulations at the subject site
in the particular location where alleged asbestos containing material was discovered..
ANSWER:
Admit, investigation continues.
22. Admit that between March
25,
2003,
and October 30, 2003, the Illinois
Environmental Protection Agency has not received and is, unaware of the existence of any
statements (oral or written) establishing that respondents conducted renovation activities
as defined in the NESHAPs regulations at the subject site in the particular location where
alleged asbestos was containing material discovered.
ANSWER:
Deny.
23. Admit that the Illinois Environmental Protection Agency never witnessed respondents
performing any wrecking or removal of any load-supporting structural member at the
subject site in the particular location where the alleged asbestos containing material was
discovered.
ANSWER:
Admit.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
24. Admit that the Illinois Environmental Protection Agency has no documentation
establishing that respondents performed any wrecking or removal of any load-supporting
structural member at the subject site iii the particular location where the alleged asbestos
containing material was discovered.
ANSWER:
Admit.
25. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
performed any wrecking or removal of any load-supporting structural member at the
subject site in the particular location where the alleged asbestos containing material was
discovered.
ANSWER:
Admit.
26. Admit that the Illinois Environmental Protection Agency never witnessed respondents
performing any intentional burning at the subject site in the particular location where the
alleged asbestos containing material was discovered.
ANSWER:
Admit.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
27. Admit that the Illinois Environmental Protection Agency has no documentation
establishing that respondents performned any intentional burning at the subject site in the
particular location where the alleged asbestos containing material was discovered.
ANSWER: Admit.
28. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
performed any intentional burning at the subject site in the particular location where the
alleged asbestos containing material was discovered.
ANSWER:
Admit.
29. Admit that the Illinois Environmental Protection Agency never witnessed respondents
performning any alteration of the subject site in the particular areas where the alleged
asbestos containing material was discovered.
ANSWER:
Complainants admit that Respondents were renovating the adjacent property
at the time of the TEPA inspection of the subject site.
30. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
performed any alteration of the subject site in the particular areas where the alleged
asbestos containing material was discovered.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
ANSWER:
Deny.
31. Admit that the Illinois Environmental Protection Agency has not received and is
unaware of the existence of any documents establishing that respondents performed any
alteration of the subject site in the particular areas where the alleged asbestos containing
material was discovered.
ANSWER: Admit, investigation continues.
32. Admit that that Illinois Environmental Protection Agency never witnessed
respondents stripping or removing any alleged asbestos containing material from
anywhete within the subject site prior to October 30, 2003.
ANSWER:
Admit.
33. Admit that that Illinois Environmental Protection Agency has no documentation
establishing that respondents stripped or removed any possible asbestos containing
material from anywhere within the subject site prior to October 30, 2003.
ANSWER:
Admit.
34. Admit that that Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
stripped or removed any possible asbestos containing material from anywhere within the
subject site prior to October 30, 2003.
ANSWER:
Deny.
35. Admit that that Illinois Environmental Protection Agency has not received and is
unaware of the existence of any statements (oral or written) establishing that respondents
stripped or removed any possible asbestos containing material from anywhere within the
subject site prior to October 30, 2003.
ANSWER:
This is a duplicate of Request No. 34, same response applies.
36. Admit that the Illinois Environmental Protection Agency never witnessed alleged
asbestos containing material in any disposed of in a trashcans dumpster or other location
at or adjacent to the subject property.
ANSWER:
The Request is unclear, but Complainant admits seeing asbestos containing
materials on the floor of the basement and on the pipes in the basement of the subject site
37. Admit that the Illinois Environmental Protection Agency tiever witnessed respondent
disposing of asbestos in any trashcan dumpster or other location at or adjacent to the
subject property.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
ANSWER: Complainant admits seeing asbestos containing materials on the floor of the
basement of the subject site.
38. Admit that the Illinois Environmental Protection Agency has no photographic
documentation of any asbestos in any trashcan dumpster or other location at or adjacent
to the subject property.
ANSWER:
Admit.
39. Admit that Section 61.145(a) of Title 40 of the Code of Federal Regulations, 40 CFR
61.145(a) (July 1, 1998), as adopted in Section 9.
1
(d) of the Act, titled Standard for
demolition and renovation, only requires inspection of part of the facility where the
demolition or renovation operation will occur for the presence of asbestos.
ANSWER:
Complainant objects to this question as calling for an interpretation of the
law, but without waiving the objection, responds: Admit.
40. Admit that Section 61.145(b)(1) of USEPA's NESHAPs, 40 CFR
61.145(b)(1)
(July
1, 2002), only requires notification if demolition or renovation is scheduled to occur in a
part of a facility that contains asbestos containing material.
ANSWER:
Complainant objects to this question as calling for an interpretation of the
law, but without waiving the objection, responds: Deny.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
41. Admit that Section
6 1.145(c)
of USEPA's NESHAPs, 40 CER 61.145(c)(July 1,
2002), titled Procedures for asbestos emission control, is not applicable to demolition or
renovation of a location where asbestos in not present.
ANSWER:
Complainant objects to this question as calling for an interpretation of the
law, but without waiving the objection, responds: Admit.
42. Admit that no renovation or demolition took place in the room in the basement where
alleged asbestos containing material was discovered.
ANSWER:
Deny.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
BY:
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20"'hFir.
Chicago, IL 60601
(312) 814-1511
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
1
2-20-05; 3: 03PMI;I LL INO IS E. P. A.
.618 348 $155
#2/
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-Va-
)No.
os-isi
PATTISON ASSOCIATES LLC, an
)
(Enforcement -Air)
Illinois limited liability company,)
and 5701 SOUTH CAIJUMET LLC, an
Illinois limited liability company,)
Respondents.
I, JOSEPH WV. ZAPPA, being duly sworn on oath, depose and
state that the factual matters set forth in the foregoing
Complainant's Response to Respondents' Amended Requests for
Admissions of Fact are true and correct in substance and in fact,
to the best of my knowledge and belief.
FURTHER, AFFIANT SAYETH NOT.
SUBSCRIBED and SWORNV
to before me this 20th day
ofEDecemhef712~Dt
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LYNE.LAPRR
NOARY
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MCOMMISO
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an Assistant Attorney General in the case of People v. Pattison
Associates et a].. PCB 05-181, do certify that I caused to be served this 2011 day of December, 2005, the
foregoing Comjplainant's Response to Respondents' Amended Request for Admissions of Fact upon the
persons listed on said Notice by depositing same in an envelope, by first class postage prepaid, with the
United States Postal Service at 188 West Randolph Street, Chicago, Illinois, at or before the hour of 5:00
p.m.
PAULA BECKER WHEELER
December 20, 2005
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 20, 2005
