Lisa Madigan
A'IORNFYGENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn
:
Enclosed for filing please find the original and ten copies of a Response to Respondent's
Motion to Strike Complainant's Request for Admission of Fact Directed Towards First Choice
Construction, Inc ., in regard to the above-captioned matter. Please file the original and return a
file-stamped copy to me in the enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration
.
RECEIVED
CLERK'S OFFICE
MAY 3 1 2006
STATE OF ILLINOIS
OFFICE OF THE ATTORNEY GENERAL
Pollution Control Board
STATE OF ILLINOIS
May 25, 2006
Re
:
People v. J & S Companies, Inc., et aL
PCB 06-33
Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
KLG/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
"ELY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY. (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax: (618) 529-6416
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs .
)
J & S COMPANIES, INC ., a Missouri
)
corporation, and FIRST CHOICE
)
CONSTRUCTION, INC ., an Illinois
)
corporation,
)
Respondents
.
)
To :
Stephen F. Hedinger
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a RESPONSE TO RESPONDENT'S MOTION TO STRIKE
COMPLAINANT'S REQUEST FOR ADMISSION OF FACT DIRECTED TOWARDS FIRST
CHOICE CONSTRUCTION, INC., a copy of which is attached hereto and herewith served upon
you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: May 25, 2006
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
NOTICE OF FILING
PCB No. 06-33
(Enforcement)
MAY 3 1 2006
STATE OF ILLINOIS
Pollution Control Board
MATTHEW J. DUNN, Chief
Environmental Enforcement/As
Litigation D'
BY :
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on May 25, 2006, send by First Class Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING and RESPONSE TO
RESPONDENT'S MOTION TO STRIKE COMPLAINANT'S REQUEST FOR ADMISSION OF
FACT DIRECTED TOWARDS FIRST CHOICE CONSTRUCTION, INC
.
To
:
Stephen F. Hedinger
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s) :
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
K
TEN LAUGHRIDGE GALE
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
'S OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
MAY 3 1 2006
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs .
)
No. PCB 06-33
(Enforcement-Land)
J & S COMPANIES, INC ., a Missouri
)
corporation, and FIRST CHOICE
)
CONSTRUCTION, INC ., an Illinois
)
corporation,
)
Respondent .
)
RESPONSE TO RESPONDENT'S MOTION TO STRIKE
COMPLAINANT'S REQUEST FOR ADMISSION OF FACT DIRECTED
TOWARDS FIRST CHOICE CONSTRUCTION, INC
.
The PEOPLE OF THE STATE OF ILLINOIS, ex rel. LISA MADIGAN, Attorney General
of the State of Illinois, hereby responds to the Motion to Strike filed by the Respondent, FIRST
CHOICE, INC. In objection to this Motion, Complainant states as follows
:
1
.
The Respondent was notified of the Complainant's Request for Admission of
Fact .
2
.
The Complainant's Request for Admission of Fact contained notification that a
response must be made within 28 days
.
3
.
The Respondent timely filed their response to the Request for Admission of Fact
within 28 days of the date it was mailed .
4
.
By the Respondent timely filing the Response, the Complainant's failure to
completely follow the Board's procedures did not cause any harm to the Respondent
.
WHEREFORE, Complainant, People of the State of Illinois, respectfully request that the
Board DENY the Motion to Strike filed by FIRST CHOICE, INC
.
500 South Second Street
Springfield, Illinois 62076
217/782-9031
Dated :
3
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbesto Lit' ation Division
7
l
BY KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
