BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
by LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
)
Complainant,
)
)
v.
)
PCB No. 06-27
)
JOEL HILLMAN, individually,
)
(Enforcement- Air)
)
Respondent.
)
NOTICE OF FILING
TO: STEPHEN J. SYLVESTER
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street, 20
th
Floor
Chicago, IL 60601
PLEASE TAKE NOTICE that today, January 13, 2006 I have filed with the Office of the Clerk
of the Illinois Pollution Control Board by Electronic Filing the following:
1. Response to Complaint,
2. Respondents Response to Motion to Deem Facts Admitted and For Summary
Judgement
A copy of which is attached and hereby served on you.
Respectfully submitted,
JOEL HILLMAN, respondent
By: __________________________________
Joel Hillman, pro se
Date: January 13, 2006
SERVICE LIST
Mr. Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph, Room 11-500
Chicago, IL 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006
CERTIFICATE OF SERVICE
I. JOEL HILLMAN, pro se in this case, do certify that I have caused to be served this 13th day of
January, 2006, the following:
1. Response to Complaint
2. Respondents Response to Motion to Deem Facts Admitted and For Summary
Judgment,
and Notice of Filing upon the persons listed on said Notice by depositing same in an envelope, by
certified mail and by first class postage prepaid, with the United States Postal Service at
Aventura, Florida, at or before the hour of 5:00pm, and by Electronic Filing with the Office of the
Clerk of the Illinois Pollution Control Board.
________________________________
Joel Hillman, pro se
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
by LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
)
Complainant,
)
)
vi.
)
PCB No. 06-27
)
JOEL HILLMAN, individually,
)
(Enforcement- Air)
)
Respondent.
RESPONDENTS RESPONSE TO COMPLAINT
Now comes the Respondent, JOEL HILLMAN, Individually, by JOEL HILLMAN, pro se, in
response to Complaint, and says as follows:
Count I
AIR POLLUTION
1. Acknowledges that as noted in paragraph.
2. The Respondent has no knowledge of the authority as stated.
3. The Respondent agrees to the second part of said paragraph, and denies the first part
of the paragraph.
4. The Respondent agrees
5. The Respondent denies the allegations of this paragraph
6. The Respondent does not maintain the knowledge to agree or deny this allegation.
7. The Respondent has no knowledge of these allegations.
8. The Respondent has no knowledge of this statement.
9. The Respondent has no knowledge of these allegations, and deny any statement
pertaining to the Respondents directing any improper activities as noted.
10. The Respondent has no reason to take exception to the allegations of this paragraph,
but has no direct knowledge of same.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006
11. The Respondent denies allegation as stated.
12 Thru 18 inclusive. The Respondent has no knowledge of the allegations
contained in these paragraphs
19. The Respondent agrees that on or prior to July 17, 2004, contractors employed
by Respondent did satisfactorily complete the remediation work demanded by
the Illinois EPA.
20. thru paragraph 27
28. thru Paragraph 30..The Respondent denies the allegation contained in this paragraph.
Wherefore,
Respondent, JOEL HILLMAN respectfully requests that the ILLINOIS
POLLUTION CONTROL BOARD deny the request for an Order on Count I. against
Respondent.
COUNT II
FAILURE TO FOLLOW PROPER NOTIFICATION REQUIREMENTS
1-22 Respondent acknowledges the statement contained in this paragraph
23-34 Respondent has no direct knowledge of the contents of these paragraphs
35. Respondent denies that he failed to provide notification, as he was not aware that
any notification was necessary.
36. Respondent denies the allegations of this paragraph.
Wherefore,
Respondent, JOEL HILLMAN respectfully requests that the ILLINOIS
POLLUTION CONTROL BOARD deny the request for an Order on this Count II
COUNT III
FAILURE TO FOLLOW PROPER EMISSION CONTROL PROCEEDURES
1-31 Respondent acknowledges the statement contained in this paragraph
32. Respondent has no direct knowledge of the contents of this paragraph
33-34. Respondent denies the allegations of this paragraph.
Wherefore,
Respondent, JOEL HILLMAN respectfully requests that the ILLINOIS
POLLUTION CONTROL BOARD deny the request for an Order on this Count III.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006
COUNT IV
IMPROPER DISPOSAL OF REGULATED
ASBESTOS CONTAINING MATERIALS
1-31. Respondent acknowledges the statement contained in this paragraph
32-35. Respondent has no direct knowledge of the contents of this paragraph.
36-37. Respondent denies any knowledge of the activities alleged in this paragraph.
Wherefore,
Respondent, JOEL HILLMAN respectfully requests that the ILLINOIS
POLLUTION CONTROL BOARD deny the request for an Order on this Count IV
Respectfully submitted,
JOEL HILLMAN, Individually,
By:
______________________________
Joel Hillman, pro se
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
by LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
)
Complainant,
)
)
vii.
)
PCB No. 06-27
)
JOEL HILLMAN, individually,
)
(Enforcement- Air)
)
Respondent.
)
RESPONDENT RESPONSE TO MOTION TO DEEM FACTS ADMITTED AND FOR
SUMMARY JUDGEMENT
Now comes the Respondent, JOEL HILLMAN, pro se, in response to the aforementioned
MOTION, and offers the following response:
1. Respondent acknowledges that Respondent did not respond to the Complaint by the date
indicated, nor was his response in accordance with the rules of the Board.
2. Respondent offers as the reason, the recent Hurricane Wilma, which through no fault of
the Respondent, and unavoidable as an act of G-d, did in fact cause considerable damage
to the community in which the Respondent resides, in Aventura Florida. Respondent,
being very much involved in the efforts that were required by the catastrophic storm, was
diverted from his responsibility to respond in a timely manner.
3. Respondent, by earlier letter dated November 30, 2005, addressed to the Hearing Officer,
respectfully requested a short extension of two (2) weeks in which to respond to said
Complaint.
For all of the reasons stated above, Respondent respectfully requests that the Complaintant
accepts Respondents RESPONSE TO COMPLAINT, which is enclosed herewith.
Respectfully submitted,
JOEL HILLMAN, Individually,
By:______________________________
Joel Hillman, pro se
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006
Joel R. Hillman
15 Franklin Street
Quiogue, NY 11978
Tele: (631) 288-5757
Fax: (631) 980-7708
email: joelhillman@aol.com
November 30, 2005
Mr. Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
Chicago, IL 60601
Re: PCB No. 06-27
People of the State of Illinois vs. Joel Hillman
Dear Mr. Halloran:
I am in receipt of the
Motion To Deem Facts Admitted and For Summary Judgment
as
received from your agency.
Understanding that I did in fact miss the date for the return response, I wish to obtain a short
extension to submit my response, to the above noted Motion as well as to the Complaint. I hereby
request an extension of two (2) weeks, or no later than December 14, 2005.
Unfortunately, our community here in Florida was severely damaged by Hurricane Wilma, which
occurred in the last days of October. I am very much involved in the Community, and the time
and effort that was required completely diverted my attention from this most important matter.
I humbly request your consideration, and agreement to so extend the time. I will try to follow
your agencies policy in responding formally to the Motion, but wanted to precede with this
memo.
Thank you for your consideration,
Very Truly Yours,
JRHillman, pro se
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 13, 2006