1. NOTICE OF FILING AND PROOF OF SERVICE
  2. ANSWER
  3. COUNT I
  4. NO HAZARDOUS WASTE DISPOSAL
  5. COUNT II
  6. NO DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT
  7. COUNT III
  8. NO RCRA VIOLATIONS
  9. COUNT IV
  10. NO HAZARDOUS WASTE EMPLOYEE TRAINING VIOLATIONS
  11. COUNT V
  12. NO HAZARDOUS WASTE REPORTING VIOLATIONS
  13. COUNT VI
  14. NO HAZARDOUS WASTE CONTINGENCY PLAN VIOLATIONS
  15. COUNT VII
  16. NO WATER POLLUTION
  17. COUNT VIII
  18. NO WATER POLLUTION HAZARD
  19. AFFIRMATIVE DEFENSES TO COUNTS I THROUGH VIII, INCLUSIVE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant,
)
)
v.
)
Nos. PCB 07-25
)
(Enforcement)
ISAACSON CONSTRUCTION, INC.,
)
an Illinois Corporation,
)
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
TO:
Dorothy Gunn, Clerk
Carol Webb
Illinois Pollution Control Board
Hearing Officer
100 West Randolph Street
Illinois Pollution Control Board
State of Illinois Building, Suite 11-500
1021 North Grand Avenue East
Chicago, IL 60601
P.O. Box 19274
Springfield, IL 62794-9274
Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, IL 62706
PLEASE TAKE NOTICE that on December 14, 2006, I filed the original Notice of
Filing and Proof of Service, and Answer to the Complaint with the Office of the Clerk of the
Pollution Control Board by electronic filing with the Clerk’s Office On-Line (COOL).
The undersigned certifies that he served the Notice of Filing and Proof of Service,
and Answer to the Complaint by mailing a copy to the above persons by U.S. Mail on
December 14, 2006.
/s/Fred C. Prillaman
Fred C. Prillaman
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701
Tel: (217) 528-2517
Fax: (217) 528-2553
THIS FILING SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant,
)
)
vs.
)
No. PCB 07-25
)
(Enforcement)
ISAACSON CONSTRUCTION, INC., an )
Illinois corporation,
)
)
Respondent.
)

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ANSWER
For its Answer to the Complaint, the Respondent, ISAACSON CONSTRUCTION, INC.,
states as follows:

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COUNT I

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NO HAZARDOUS WASTE DISPOSAL
1.
Admit.
2.
Admit.
3.
Admit.
4.
Admit.
5.
Admit.
6.
Admit.
7.
Admit.
8.
Deny.
9.
Admit.
10.
Deny.
11.
Deny.
12.
Deny.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
13.
Deny.
14.
Deny.
15.
Deny.
16.
Deny.
17.
Deny.
18.
Deny.
19.
Deny.
20.
Deny.
21.
Deny.
22.
Admit.
23.
Deny.
24.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count I and awarding costs to Respondent.

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COUNT II

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NO DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT
1-22. Respondent realleges and incorporates by reference herein paragraphs 1 through
22 of its Answer to Count I, as if fully set forth herein as paragraphs 1 though 22 of its Answer
to Count II.
23.
Admit.
24.
Admit.
25.
Admit.
26.
Deny.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
27.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count II and awarding costs to Respondent.

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COUNT III

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NO RCRA VIOLATIONS
1-22. Respondent realleges and incorporates by reference herein paragraphs 1 through
22 of its Answer to Count I, as if fully set forth herein as paragraphs 1 though 22 of its Answer
to Count III.
23.
Admit.
24.
Admit.
25.
Admit.
26.
Deny.
27.
Deny.
28.
Deny.
29.
Deny.
30.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count III and awarding costs to Respondent.

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COUNT IV

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NO HAZARDOUS WASTE EMPLOYEE TRAINING VIOLATIONS
1-22. Respondent realleges and incorporates by reference herein paragraphs 1 through
22 of its Answer to Count I, as if fully set forth herein as paragraphs 1 though 22 of its Answer
to Count IV.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
23.
Admit
24.
Deny.
25.
Deny.
26.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count IV and awarding costs to Respondent.

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COUNT V

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NO HAZARDOUS WASTE REPORTING VIOLATIONS
1-22. Respondent realleges and incorporates by reference herein paragraphs 1 through
22 of its Answer to Count I, as if fully set forth herein as paragraphs 1 though 22 of its Answer
to Count V.
23.
Admit.
24.
Admit.
25.
Deny.
26.
Deny.
27.
Deny.
28.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count V and awarding costs to Respondent.

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COUNT VI

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NO HAZARDOUS WASTE CONTINGENCY PLAN VIOLATIONS
1-22. Respondent realleges and incorporates by reference herein paragraphs 1 through
22 of its Answer to Count I, as if fully set forth herein as paragraphs 1 though 22 of its Answer
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
to Count VI.
23.
Admit.
24.
Admit.
25.
Admit.
26.
Deny.
27.
Deny.
28.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count VI and awarding costs to Respondent.

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COUNT VII

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NO WATER POLLUTION
1-22. Respondent realleges and incorporates by reference herein paragraphs 1 through
22 of its Answer to Count I, as if fully set forth herein as paragraphs 1 though 22 of its Answer
to Count VII.
23.
Admit.
24.
Admit.
25.
Admit.
26.
Deny.
27.
Deny.
28.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count VII and awarding costs to Respondent.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006

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COUNT VIII

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NO WATER POLLUTION HAZARD
1-22. Respondent realleges and incorporates by reference herein paragraphs 1 through
22 of its Answer to Count I, as if fully set forth herein as paragraphs 1 though 22 of its Answer
to Count VIII and paragraphs 23 through 26 of its Answer to Count VII as fully set forth herein
as paragraphs 23 through 26 of its Answer to Count VIII.
27.
Admit.
28.
Deny.
29.
Deny.
WHEREFORE, Respondent respectfully requests that the Board enter an Order against
the Complainant, dismissing Count VIII and awarding costs to Respondent.

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AFFIRMATIVE DEFENSES TO COUNTS I THROUGH VIII, INCLUSIVE
1.
Because this Complaint is brought pursuant to 415 ILCS 5/31 (Paragraph 1 of the
Complaint), which requires that the State issue and serve, by certified mail, a written notice of an
alleged violation within 180 days of becoming aware of same, and because the State failed to do
that, the Board is without jurisdiction.
2.
The Board is also without jurisdiction to entertain a request for attorneys fees in
the absence of an allegation that the specific, alleged violations for which attorneys fees are
sought were “willful and knowing,” or constituted a “repeated violation of the Act.”
3.
The State has waived any and all argument that the materials referenced in
Paragraphs 8 through 21, inclusive, of the Complaint are, in whole or in part, “hazardous,” by
authorizing Respondent to remove, transport and landfill same as non-hazardous materials.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006
Respectfully submitted,
ISAACSON CONSTRUCTION, INC.,
Respondent,
BY:
MOHAN, ALEWELT, PRILLAMAN &
ADAMI
BY:
/s/Fred C. Prillaman
FRED C. PRILLAMAN
Attorney at Law
Fred C. Prillaman
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 N. Old Capitol Plaza, Suite 325
Springfield, IL 62701-1323
Tel: (217) 528-2517
Fax: (217) 528-2553
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 14, 2006

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