BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
HOMEWOOD DISPOSAL SERVICE, INC ., an)
Illinois Corporation,
)
Respondent.
)
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
vs
.
HINSHAW & CULBERTSON LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
NOTICE OF FILING
Case No. PCB 05-203
TO :
All Attorneys of Record
PLEASE TAKE NOTICE THAT on April 6, 2006, I mailed for filing with the Illinois
Pollution Control Board, Chicago, Illinois, the attached Answer to Complaint, a copy of which is
herewith served upon you
.
April 6, 2006
Respectfully Submitted,
On behalf of the HOMEWOOD DISPOSAL
SERVICES, INC .
By: Hinsha,w &'Culbertson L
This document utilized 100% recycled paper products
RECEIVED
CLERK'S OFFICE
APR 0 7 2006
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
APR 0 7 2006
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS
HOMEWOOD DISPOSAL SERVICE, INC ., an)
Illinois Corporation,
)
Respondent
.
)
Complainant,
vs
.
Case No. PCB 05-203
ANSWER TO COMPLAINT
NOW COMES Homewood Disposal Service, Inc . an Illinois Corporation, and for answer
to the Complaint filed in the above captioned matter, states as follows :
COUNTI
MODIFICATION OF A WASTE MANAGEMENT SITE WITHOUT A PERMIT
1
.
The Respondent denies the allegations set forth in paragraph 1 for lack of information
and belief.
2 .
The Respondent admits the allegations set forth in paragraph 2 of Count I of said
Complaint
.
3
.
The Respondent admits the allegations set forth in paragraph 3 of Count I of said
Complaint .
4 .
The Respondent admits the allegations set forth in paragraph 4 of Count I of said
Complaint .
5
.
The Respondent admits the allegations set forth in paragraph 5 of Count I of said
Complaint
.
70456407v 1 784014
6 .
As Count I of said Complaint does not include a paragraph 6 the Respondent makes no
answer to this paragraph
.
7 .
The Respondent admits the allegations set forth in paragraph 7 of Count I of said
Complaint .
8
.
The Respondent admits the allegations set forth in paragraph 8 of Count I of said
Complaint
.
9 .
The Respondent admits the allegations set forth in paragraph 9 of Count I of said
Complaint .
10 .
The Respondent admits the allegations set forth in paragraph 10 of Count I of said
Complaint .
11
.
The Respondent admits the allegations set forth in paragraph 11 of Count I of said
Complaint .
12
.
The Respondent admits the allegations set forth in paragraph 12 of Count I of said
Complaint .
13
.
The Respondent admits so much of paragraph 13 of Count I of the Complaint that alleges
that at some time prior to February 6, 2004 the Respondent modified its site by adding an
addition to the building, but denies that portion of paragraph 13 which alleges that the
Respondent did not seek or obtain a permit for said modifications before they were completed,
and affirmatively states that the Respondent believed in good faith that the expansion was within
2
70456407v1 784014
the boundaries included in necessary permit approvals, and no further permit authorization for
such modifications was necessary .
14 .
The Respondent admits so much of paragraph 14 as alleges that the Respondent has
obtained requisite supplemental permits addressing the previous modification to the facility, as
well as several additional ones . The Respondent further affirmatively states that it believed in
good faith that all such modifications had already been included in certain permit approvals, and
that no further permit authorization for such modification was necessary
.
15
.
The Respondent denies the allegations set forth in paragraph 15 of Count I of the
Complaint, and further affirmative states that the Respondent has substantially complied with
any and all applicable statutory and regulatory permit requirements referred to by the
Complainant in Count I of the Complaint
.
WHEREFORE, the Respondent, Homewood Disposal Service prays that this Honorable
Board enter an Order dismissing Count I of such Complaint, all at the cost of the Complainant,
and for such further and other relief as this Honorable Board deems appropriate and just
.
COUNTII
VIOLATION OF SPECIAL PERMIT CONDITION
1-12
.
The Respondent realleges and reincorporates by references its answers to paragraphs 1-
12 of Count I as if fully and completely set forth herein
.
13
.
The Respondent admits the allegations set forth in paragraph 13 of Count II of said
Complaint .
14
.
The Respondent admits the allegations set forth in paragraph 14 of Count II of said
Complaint .
3
70456407v 1 784014
15 .
The Respondent admits the allegations set forth in paragraph 15 of Count II of said
Complaint .
16
.
The Respondent denies the allegations set forth in paragraph 16 of Count II of said
Complaint, and further affirmatively states that at all times material herein, it had reasonably
relied upon representations made by the Illinois Environmental Protection Agency
concerning the status of its closure plan. The Respondent further affirmatively states that it
has substantially complied with all statutory and regulatory permit requirements as referred
to by the Complainant
.
WHEREFORE, the Respondent, Homewood Disposal Service prays that this Honorable
Board enter an Order dismissing Count I of such Complaint, all at the cost of the Complainant,
and for such further and other relief as this Honorable Board deems appropriate and just
.
April-Q- , 2006
HINSHAW & CULBERTSON LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Respectfully Submitted,
On behalf of the HOMEWOOD DISPOSAL
SERVICES, INC .
By :
aw
& Culbertson LL
This document utilized 100% recycled paper products
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
Procedure, hereby under penalty of perjury under the laws of the United States of America, certifies that
on April 6, 2006, a copy of the foregoing was served upon
:
By depositing a copy thereof, enclosed in an envelope in the United States Mail at Rockford,, Illinois,
proper postage prepaid, before the hour of 5 :00 P.M ., addressed as above .
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61101-1389
(815) 490-4900
This document utilized 100% recycled paper products
70456404v1 784014
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
Paula Becker Wheeler
Office of the Attorney General
188 West Randolph, 20`h Floor
Chicago, IL 60601
Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, 11th Floor
Chicago, IL 60601
