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VILLAGE OF HINSDALE, METROPOLITAN)
WATER RECLAMATION DISTRICT OF
)
GREATER CHICAGO, ILLINOIS
)
DEPARTMENT OF TRANSPORTATION,
)
DUPAGE COUNTY,
)
FLAGG CREEK WATER
RECLAMATION DISTRICT,
Complainant,
BEFORE THE ILLINOIS POLLUTION CONTROL BOAIR
CLERK'S
E G E I
OFFICEV
E D
vs .
Respondents.
TO:
Persons on the attached service list
PLEASE TAKE NOTICE that I have filed today with the Office of the Clerk of the
Illinois Pollution Control Board, 100 W
. Randolph Street, Suite 11-500, Chicago, IL, an
ANSWER on behalf of Respondent, ILLINOIS DEPARTMENT OF TRANSPORTATION,
a copy of which is herewith served upon you
.
Respectfully Submitted,
NOTICE OF FILING
Richard A. Christopher
LISA MADIGAN
ATTORNEY GENERAL
By
: Richard A . Christopher
SPECIAL ASSISTANT ATTORNEY GENERAL
Illinois Department of Transportation
300 W . Adams, 2nd Floor
Chicago, IL 60606
Phone : 312/793-4838
FAX: 312/793-4974
christopherra a().dot.ii
.gov
Dated : April 24, 2006
PCB 06-141
APR 2 5 2006
Pollution
STATE OF
Control
ILLINOISBoard
 
For the Flagg Creek Water Reclamation
District:
Richard J . Kissel
Roy M. Harsch
John A . Simon
Gardner, Carton & Douglas, LLP
191 N . Wacker Drive, Suite 3700
Chicago, IL 60606
For the Metropolitan Water Reclamation
District of Greater Chicago
:
Fred Feldman
Alan J. Cook
Lisa Luhrs Draper
Metropolitan Water Reclamation District
Of Greater Chicago
100 E . Erie Street
Chicago, IL 60611-3154
For the DuPage County, Division of
Transportation :
Robert E
. Douglas
Assistant State's Attorney
DuPage County State's Attorney's Office
505 N . County Farm Road
Wheaton, IL 60187
SERVICE LIST
Flagg Creek Water Reclamation District vs
. Village of Hinsdale, et al.
For the Village of Hinsdale :
William D. Seith
Total Environmental Solutions, P .C.
635 Butterfield Road, Suite 240
Oakbrook Terrace, IL 60181
Co-Counsel for the Village of Hinsdale :
Mark E . Burkland
Holland & Knight, LLC
131 S . Dearborn Street, 301h
Floor
Chicago, IL 60603
For the Illinois Pollution Control Board :
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W
. Randolph, Suite 11-500
Chicago, IL 60601
 
FLAGG CREEK WATER
RECLAMATION DISTRICT,
Complainant,
vs.
Respondents.
VILLAGE OF HINSDALE, METROPOLITAN)
WATER RECLAMATION DISTRICT OF )
GREATER CHICAGO, ILLINOIS
)
DEPARTMENT OF TRANSPORTATION,
)
DUPAGE COUNTY,
)
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 2 5 2006
I
PCB 06-141
ANSWER AND AFFIRMATIVE DEFENSES OF RESPONDENT ILLINOIS
DEPARTMENT OF TRANSPORTATION
NOW COMES Respondent, Illinois Department of Transportation (the
Department) by its attorney, Lisa Madigan, Attorney General of Illinois, appearing
through Richard A
. Christopher, Special Assistant Attorney General, and answers the
Complaint of Flagg Creek Water Reclamation District and asserts affirmative defenses to
that Complaint as follows
:
1
. The Department admits the allegations of Paragraph 1 .
2
. The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraph 2
.
3
. The Department admits the first sentence of Paragraph 3 and lacks knowledge
sufficient to form a belief as to the remaining matters asserted in Paragraph 3
.
4
. The Department admits it is a State agency with planning jurisdiction over the
modes of transportation listed in Paragraph 4, admits it has construction and
maintenance jurisdiction over a system of highways and bridges, denies it has
construction and maintenance jurisdiction over airports, public transit, rail freight
and rail passenger systems and admits it operates roadways within the area
described in Paragraph 2 .
5
. The Department admits the allegations in Paragraph 5 and lacks knowledge
sufficient to form a belief as to the estimates of population of the County and the
extent of the DuPage County Division of Transportation's system of roads and
trails.
6. The Department admits the allegations in the first and fourth sentences of
Paragraph 6 and lacks knowledge sufficient to form a belief as to the second and
third sentences of Paragraph 6 .
STATE OF ILLINOIS
Pollution Control Board
 
7 . The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraph 7 .
8
. The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraph 8 .
9-21 . The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraphs 9 to 21 .
22-49
. The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraphs 22 to 49 .
50-61 . The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraphs 50 to 61
.
62 . The Department admits the allegations in Paragraph 62
.
63-70 . The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraphs 63 to 70
.
71
. The Department admits the allegations asserted in Paragraph 71
.
72
. The Department admits that 55" Street was originally constructed as a two lane
roadway but denies that it added lanes and curbs east of County Line Road
.
73. The Department denies that it expanded 55
th Street and added curbs and lacks
knowledge sufficient to form a belief as to the remaining matters asserted in
Paragraph 73.
74-80
. The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraphs 74 to 80 .
81
. The Department admits the allegations of Paragraph 81 .
82-91
. The Department lacks knowledge sufficient to form a belief as to the matters
asserted in Paragraphs 82 to 91 .
AFFIRMATIVE DEFENSES
1
. As an agency of State government, the Department is not subject to the
ordinances of the Flagg Creek Water Reclamation District
.
2
. The right to drain surface water from the Department's highways is a property
right of the State of Illinois which may not be adjudicated by any court other than
the Illinois Court of Claims
.
2
 
LISA MADIGAN
ATTORNEY GENERAL
By: Richard A . Christopher
SPECIAL ASSISTANT ATTORNEY GENERAL
Illinois Department of Transportation
300 W . Adams, 2n°
Floor
Chicago, IL 60606
Phone : 3121793-4838
FAX: 3121793-4974
christopherra a~.dot.il.gov
Dated : April 24, 2006
ILLINOIS DEPARTMENT OF TRANSPORTATION
iR chid A. Christopher
3

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