ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
ANSWER
NOW COMES Respondent, Barger Engineering, Inc ., by its attor eys Sorling, Northrup,
Manna, Cullen & Cochran, Ltd., Charles J. Northrup of Counsel, and for its Answer to
Complainant's Complaint states as follows
:
1
.
Respondent neither admits nor denies the allegations set out in paragraph one and
further states it possesses insufficient knowledge to form a belief as to the allegations
.
Respondent admits the allegations set out in paragraph two
.
Respondent admits the allegations set out in paragraph three
.
Respondent admits the allegations set out in paragraph four
.
5
.
Respondent admits the allegations set out in paragraph five
.
6. Respondent admits that on or about the date alleged, a 3 inch PVC saltwater
transfer line from the A.H. Cleveland tank battery to the Phillipstown Waterflood Injection Plant
leaked resulting in a release
of approximately
1,000
-
1,500 barrels of saltwater
and
approximately 5 to 10 barrels of crude oil
.
Respondent denies any allegations set out in
paragraph stx that are inconsistent with this response
.
s
n5o>e io i
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'006
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KAV t
Prinle,1n HecLdrr/ Pap,
BEFORE TILE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF I IlE STA fE OF ILLINOIS,
)
Complainant,
)
v
.
)
}
Case No. 06-82
BARGER LNGINEERING, INC., an
)
Indiana corporation,
)
Respondent,
)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
7. Respondent neither admits nor denies the allegations of paragraph seven insofar
as the terms "drains" and "staining are vague and ambiguous . Respondent admits the remainder
of the allegations set out in paragraph seven
.
S
.
Respondent neither admits nor denies the allegations of paragraph eight insofar as
the terms "mill:
while suspension,"
-black precipitate.'' and "Heavy areas" are vague and
ambiguous. Respondent admits that some vegetation within the drainage way was impacted by
the release .
Respondent neither admits nor denies the allegations set out in paragraph nine and
further states it possesses insufficient knowledge to form a belief as to the allegations
.
I0
.
Respondent neither admits nor denies the allegations set out in paragraph ten and
further slates it possesses insufficient knowledge to form a belief as to the allegations
.
1 L
Respondent neither admits nor denies the allegations set out in paragraph 11 and
further states it possesses insufficient knowledge to form a belief as to the allegations
.
pollution regulations is set out at paragraph 15 .
16 .
Respondent admits that a portion of Section 302 .208 of the Board's water
pollution regulations is set out at paragraph 16 .
17 .
Respondent denies the allegation set out in paragraph 17 as it calls for a legal
SOili1'oo.1 4,W260* (IN K'\A'
2
Printe d m, Ncccrlrd i'ap,a-
12 .
Respondent denies the allegations set out in paragraph 12 as it calls for a legal
conclusion .
Respondent admits that Section 3 .545 of the Act is set out at paragraph 13
.
13
.
14,
Respondent admits that a portion of Section 12 of the Act is set out at paragraph
14
.
15 .
Respondent admits that a portion of Section 302 .203 of the Board's water
ELECTRONIC
FILING,
RECEIVED,
CLERK'S
OFFICE,
APRIL
14,
2006
conclusion
.
IS
.
Respondent
denies
the
allegation
set
out
in
paragraph
1S
as
it
cal
Is
for
a
legal
conclusion
.
19
.
Respondent
denies
the
allegation
set
out
in
paragraph
19
as
it
calls
for
a
legal
conclusion
.
20
.
Respondent
denies
the
allegation
set
out
in
paragraph
20
as
it
calls
tar
a
legal
conclusion
.
21
.
Respondent
denies
the
allegation
set
out
in
paragraph
21
as
it
calls
for
a
legal
conclusion
.
WI1ERFFORL
Respondent,
Barger
Engineering,
Inc-,
respectfully
requests
that
this
Board
deny
all
turns
of
relief
prayed
for
by
the
Complainant
in
this
Complaint
.
Respectfully
submitted,
BARGER
ENGINEERING,
INC
.,
Respondent
Sorting,
Northrop,
Hanna,
Cullen
&
Coehran,
Ltd
.
Charles
J
.
Northrup,
of
Counsel
Suite
S00
Illinois
Building
P
.O
.
Box
5131
Springfield,
11,
62705
Telephone
:
(217)
544-1
144
Facsimile
:
(217)
522-
.3173
E
-Mail
:
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:
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inglan
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~so
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i
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By :
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Prin¢
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un Recycled Pop"r
One Of Its A omeys
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
PROOF OF SERVICE
The undersigned hereby certifies that a copy of the foregoing document was served by
placing same in a scaled envelope addressed
:
Ms. Kristen Gale
Assistant Attorney General
5(I South Second Street
Springfield, IL 62-(16
and by depositing_ same in the United States mail in Springfield, Illinois,
on the ,_
day of
April 2005, with postage fully prepaid .
'S0>O,y30 . 1
4,141201Q,(It, KAVI
