BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
1
Complaint,
)
)
VS.
1
PCB 06-173
)
(Enforcement-Water)
FIRST COUNTRY HOMES, L.L.C., an
)
Illinois Limited Liability Company,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Mr. Bradley P. Halloran
Lisa Madigan
Hearing Officer
Matthew Marinelli
Illinois Pollution Control Board
Attorney General of the State of Illinois
James
R. Thompson Center, Suite 11-500
Environmental Bureau
100 West Randolph Street
188 West Randolph Street,
20Ih Floor
Chicago, Illinois 60601
Chicago, Illinois 60601
PLEASE TAKE NOTICE that on the 27th day of October, 2006, we filed our Response
to Complaintant's First Request for Admission of Facts to Respondent First Country
Homes, LLC
in the above-captioned cause, a copy of which is hereby served upon you.
First Country
Hsmes, LLC
By:
One of Its
~ttorn$s
Thomas G. GardinerMatthew A. Sidor
GARDINER KOCH
&
WEISBERG
53 W. Jackson Blvd., Suite 950
Chicago, Illinois 60604
Telephone 3 12.362.0000
Facsimile 3
12.362.0440
CERTIFICATE OF SERVICE
I, Louis Manetti, a non-attorney, do hereby affirm under oath that I sewed copies of the
above-mentioned documents, by U.S. Mail, from 53 W. Jackson Blvd., Chicago, IL, to the
attorneys for the aforementioned parties, before
6:00 pm
P
o the 27th
R
ay of October, 2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 27, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
Complaint,
1
VS.
)
)
PCB 06-173
1
(Enforcement-Water)
FIRST COUNTRY HOMES, L.L.C., an
1
Illinois Limited Liability Company,
Respondent.
RESPONDENTS' RESPONSE TO COMPLAINANT'S FIRST REQUEST FOR
ADMISSION OF FACTS TO RESPONDENT FIRST COUNTRY HOMES, LLC
Respondent, FIRST COUNTRY HOMES, LLC, an Illinois Limited Liability
Company ("First Country"), by and through
Gardiner Koch
&
Weisberg, its attorneys, for
its response to Complainant's First Request for Admission of Facts to Respondent,
hereby states as follows:
FACT NO. 1
Admit that First Country did not submit a check list to Illinois EPA for a permit
review fee for a sewer construction permit application relating to the Phase
8 homes that
First Country submitted on November 10,2004.
RESPONSE:
Deny.
FACT NO.
2:
Admit that the sewer construction permit application relating to the Phase 8
homes that First Country submitted onNovember 10,2004 was not signed by a
wastewater and sewage treatment provider.
RESPONSE:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 27, 2006
FACT NO.
3:
Admit that the sewer construction permit application relating to the Phase 8
homes that First Country submitted to Illinois EPA on December 1,2004 was not signed
by a wastewater and sewage treatment provider.
RESPONSE:
Admit,
FACT N0.4:
Admit that First Country began attempting to sell one or more Phase
8 homes
before November 10,2004.
RESPONSE:
Respondent objects to Request to Admit Fact Number
4 as irrelevant.
FACT NO.
5:
Admit that First Country entered into a contract for sale of at least one of the
Phase
8 homes before November 10,2004.
RESPONSE:
Respondent objects to Request to Admit Fact Number
5 as irrelevant.
FACT NO.
6:
Admit that First Country attempted to sell one or more of the Phase 8 homes
between November 10,2004 and the date on which First Country received notice of
Illinois
EPA's denial of the construction permit application submitted by First Country on
December 1,2004.
RESPONSE:
Respondent objects to Request to Admit Fact Number
6 as irrelevant.
Respondent further objects to Request to Admit Fact Number
6
as incomprehensible as to
the phrase "attempted to sell." Without waiving the foregoing objections, Respondent
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 27, 2006
further affirmatively states that Respondent did not in fact sell one or more of the Phase 8
homes between November 10,2004
and December I, 2004.
FACT NO.
7:
Admit that First Country entered into a contract for sale of at least one of the
Phase 8 homes between November 10,2004 and the date on which First Country
received notice of Illinois EPA's denial of the construction permit application submitted
by First Country on December 1,2004.
RESPONSE:
Respondent objects to Request to Admit Fact Number
7 as irrelevant.
FACT NO. 8:
Admit that First Country attempted to sell one or more of the Phase 8 homes
between the date on which First Country received notice of Illinois EPA's denial of the
construction permit application submitted by First Country on December 1,2004 and
December 28,2004.
RESPONSE:
Respondent objects to Request to Admit Fact Number 8 as irrelevant. Respondent
further objects to Request to Admit Fact Number 8 as incomprehensible as to the phrase
"attempted to sell." Without waiving the foregoing objections, Respondent further
affirmatively states that Respondent did not in fact sell one or more of the Phase 8 homes
between December 1,2004 and December 28,2004.
FACT NO.
9:
Admit that First Country entered into a contract for sale of at least one of the
Phase 8 homes between the date on which First Country received notice of the Illinois
EPA's denial of the construction permit application submitted by First Country on
December 1,2004 and December 28,2004.
RESPONSE:
Respondent objects to Request to Admit Fact Number
9 as irrelevant.
FACT NO. 10:
Admit that First Country attempted to sell one or more of the Phase 8 homes
between December 28,2004 and June 8,2004.
RESPONSE:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 27, 2006
Respondent objects to Request to Admit Fact Number 10 as irrelevant.
Respondent further objects to Request to Admit Fact Number 10 as incomprehensible as
to the phrase "attempted to sell." Without waiving the foregoing objections, Respondent
further affirmatively states that Respondent did not sell one or more of the Phase 8 homes
between December 28,2004 and June 8,2004.
FACT NO. 11
:
Admit that First Country sold at least one of the Phase 8 homes between
December 28,2004 and June 8,2005.
RESPONSE:
Admit.
FACT NO. 12:
Admit that at least one of the Phase 8 homes was connected to the sewer system
prior to June 8,2005.
RESPONSE:
Respondent objects to Request to Admit Fact Number 12 as incomprehensible as
to the term "connected." Without waiving the foregoing objections, Respondent further
affirmatively states that the earliest that the homes were connected to the sewer system
and
useable was July 8,2005.
FACT NO. 13:
Admit that wastewater or effluent from at least one of the Phase 8 homes was
discharged into the attached sewer system before the date on which possession was
granted to the first Phase 8 home buyer.
RESPONSE:
Deny.
FACT NO. 14:
Admit that wastewater or effluent from at least one of the Phase 8 homes was
discharged into the attached sewer system before June 8,2005.
RESPONSE:
Deny.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 27, 2006
FIRST COUNTRY HOMES, L.L.C.
By:
One
r-A
of Its Attorneys
Thomas
G. Gardiner
Matthew A. Sidor
Gardiner, Koch
&
Weisberg
53 W. Jackson Boulevard
Suite
950
Chicago, IL 60604
1-3 12-362-0000
Atty. No. 29637
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 27, 2006
MARRIOTT THEATRE
PAGE 07/07
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P.007/007
F-888
CERTIFICATION PURSUANT
TO
SECTION
1-109
OF THE
ILLINOIS
CODE OF
cIva
PROmm
Under penalties
as
provided
by
law pursuant
to
Section
1-109
of
the Illinois
Code
of
Civil
Procedure,
thc
undersigned certifies
rhe
srarements
set
forth in rhis instrument
truc
and corren,
excepr
as
ro mattea
thereia
awed
to
be
on
infodon
and belief and
as
to
such
mactew,
the
undersigned
cdiks as
aforesaid
that
tho undersigned
verily
believes
the
same
to
be
me.
FIRST COUNTRY
HOMES, LLC
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 27, 2006