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NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and nine copies of FIRST CHOICE
CONSTRUCTION,
served upon the Clerk
INCof
the
.'S
Illinois
ANSWER
Pollution
TO REQUEST
Control Board,
FOR
and
ADMISSION
one copy was
OF
served
FACT
upon
wereeach
of the following parties of record and the Hearing Officer in this cause by enclosing same in
envelopes addressed to:
HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL 62703
Telephone
: (217) 523-2753
Fax : (217) 523-4366
hedinger@cityscape .net
This Pleading is being submitted on recycled paper
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No. 06-33
J
Corporation,
& S COMPANIES,
and FIRST
INC.,
CHOICEa
Missouri )
(Enforcement)
)
CONSTRUCTION, INC ., an Illinois
)
Corporation,
)
Respondents.
)
4
R EC E IVIED
MAY 2
1 2006
Pollution
STATE OF
Control
ILLINOIS
Board
Dorothy Gunn, Clerk
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R
. Thompson Center
1021 North Grand Avenue East
100 W. Randolph St ., Suite 11-500
Chicago, IL 60601
Springfield, IL 62794
Kristen Laughridge Gale (Hand Delivery)
J & S Companies, Inc .
Office of the Attorney General
C/o Daniel J
. McAuliffe, R.A.
Environmental Bureau
7777 Bonhamme Avenue, Ste . 2004
500 South Second Street
Clayton, MO 63105
Springfield, IL 62706
with postage fully prepaid, and by depositing said envelopes in a U
.S. Post Office Mail Box in
Springfield, Illinois on the 22"' day of May, 2006, before 5 :30 p.m.,
or via hand delivery as
indicated
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS
)
,
REC
E I V E D
)
CLERK'S OFFICE
Complainant,
)
MAY 2
2006
VS .
)
PCB No
. 06-33
(Enforcement)
STATE OF
ILLINOIS
J & S COMPANIES, INC., a Missouri
)
Pollution Control Board
Corporation, and FIRST CHOICE
)
CONSTRUCTION, INC
., an Illinois )
Corporation,
)
Respondents.
)
FIRST CHOICE CONSTRUCTION, INC
.'S ANSWER TO REOUEST FOR ADMISSION
OF FACT
NOW COMES Respondent, FIRST CHOICE CONSTRUCTION, INC
., and for its
Answer to the "Request for Admission of Fact Directed Towards First Choice Construction, Inc
.,"
states as follows:
1 .
In 2003, J & S Companies, Inc
. hired First Choice Construction, Inc
. to haul the
construction and demolition debris from the Lansdowne Junior High School
demolition site in East St
. Louis, St. Clair County, Illinois
.
ANSWER :
"Admit that in 2003, J & S Companies, Inc
. hired First Choice Construction,
Inc
. to haul materials from Lansdowne Junior High School demolition site in East St
. Louis, St .
Clair County, Illinois
. First Choice Construction, Inc
. objects to the term "construction and
demolition debris" as vague and undefined, and/or alternatively answers that it cannot truthfully
admit or deny "construction and demolition debris" because that term is undefined in these
requests for admission of fact, but is a term of art with specific definitions in other contexts
.
2.
Starting on or about February 6, 2003 until about December 3, 2003, First Choice
Construction hauled approximately 92 truckloads of construction and demolition
debris from the school demolition site to 7401 Bunkum Road, East St
. Louis, St.
Clair County, Illinois ("disposal site")
.
ANSWER :
First Choice Construction, Inc
. admits that starting on or about February 6,
2003, until about December 3, 2003, it hauled certain materials from the school demolition
 
debris from the school demolition site to 7401 Bunkum Road, East St
. Louis, St
.
Clair County, Illinois ("disposal site") .
ANSWER:
First Choice Construction, Inc
. admits that starting on or about February 6,
2003, until about December 3, 2003, it hauled certain materials from the school
demolition site to 7401 Bunkum Road, East St
. Louis, St . Clair County, Illinois
. First
Choice Construction, Inc
., objects to the terms "construction and demolition debris" as
vague and undefined, and/or alternatively answers that it cannot truthfully admit or deny
"construction and demolition debris," because that term is undefined in these requests for
admission of fact, but is a term of art in other contexts
. First Choice Construction, Inc
.,
cannot truthfully admit or deny "approximately 92 truckloads," because First Choice
Construction, Inc
., did not count the truckloads
. First Choice Construction, Inc
., denies
"disposal site" .
3 .
The construction and demolition debris disposed at the disposal site consisted of
brick, metal, plaster, paper, wood, pipe insulation, wire, and rebar
.
ANSWER: See answer to Request to Admit No
. 2, above, with respect to "the
construction and demolition debris
." First Choice Construction, Inc
. denies there was a
"disposal site," and denies that it "disposed at the disposal site" any material
. First
Choice Construction, Inc
., admits that the material delivered to the site was almost
exclusively brick and other nonputrescible materials usable as clean fill, and First Choice
Construction, Inc
., admits that the materials may also have contained minor and de
m n mus
amounts of metal, plaster, paper, wood, pipe insulation, wire and rebar,
although the amounts to the best of the knowledge of First Choice Construction, Inc
.,
were less than five percent of the volume delivered, incidental to the clean fill material
.
2
 
4 .
The disposal site is not permitted by the Illinois Environmental Protection Agency
(Illinois EPA) as a sanitary landfill
.
ANSWER: First Choice Construction, Inc
., objects to Request to Admit No . 4 on the
basis of vagueness, as to what is meant by a "sanitary landfill," which is undefined in the
Request to Admit, but which is a term of art with a specific meaning in other contexts .
First Choice Construction, Inc ., denies that there was a "disposal site" located at 7401
Bunkum Road, East St . Louis, St. Clair County, Illinois, and First Choice Construction,
Inc. cannot truthfully admit or deny whether that location is permitted by the Illinois
Environmental Protection Agency (Illinois EPA) as a sanitary landfill, because First
Choice Construction, Inc
., has no independent knowledge of the Illinois EPA's
permitting activities .
GENERAL OBJECTION AND MOTION TO STRIKE
Respondent, First Choice Construction, Inc
., further objects to the Requests to Admit
served upon it, and asks that they be stricken, in light of Complainant's failure to include the
language required by 35 III . Adm. Code 101
.618 (c) in the first paragraph of the request
. First
Choice Construction, Inc
., notes that Complainant failed to include this required language in the
Requests to Admit served upon Co-Respondent J & S Companies, Inc
. as well .
WHEREFORE, Respondent, FIRST CHOICE CONSTRUCTION, INC
., submits its
answers to the "Request for Admission of Facts Directed Toward First Choice Construction,
Inc.,"
and asks that this Board strike those requests as non-compliant with this Board's
regulations .
Respectfully submitted,
FIRST CHOICE CONSTRUCTION, INC
.,
Respondent
By its attorney,
3
 
Hedinger Law Office
2601 South Fifth St
.
Springfield, IL 62703
Telephone
: (217) 523-2753
Fax
: (217) 523-4366
hedinger@cityscape .net
STATE OF ILLINOIS :
COUNTY OF
Sf
.C.lai(-
: SS .
HEDIN
AW OFFICE
By
AFFIDAVIT
Mike Bowman, President of First Choice Construction, Inc., upon oath, deposes and
states that the foregoing answers to the "Request for Admission of Facts Directed Toward First
Choice Construction, Inc .," are true and correct, to the best of his knowledge and belief, based
upon his personal knowledge of the facts related therein .
~ ike Bowmann~
~ubscrjbg~ anfl swprn to before me this j 4 day of May, 2006 .
s
"OFFICIAL SEAL"
SANDRA R
. WISKEMAN ?
;'MY NOTARY
COMMISSION
PUBLIC-STATE
EXPIRESJANOFILLINOIS.202009
%
C~/(
L~~( 1ti~`
ota Public
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB
No
. 06-33
(Enforcement)
J & S COMPANIES, INC.,
a Missouri )
Corporation, and FIRST CHOICE)
CONSTRUCTION, INC
., an
Illinois
)
Corporation,
)
Respondents .
)
4

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