Lisa Madigan
AF IC RNFY C ENFIlM
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 Notice of Filing and
Complainant's Reply to Respondent's Affirmative Defenses in regard to the above-captioned
matter . Please file the originals and return file-stamped copies to me in the enclosed, self-
addressed envelope .
Thank you for your cooperation and consideration
.
V y truly yours,
I
I
~/11
L
-Gl~Il"
~-
nnifer Bohkowski
nvironmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
February 2, 2007
Re : People v. Environmental Reclamation Company
PCB No . 07-42
RECEIVEDCLERK'S
OFFICE
FEB 0 7 2007
Pollution
STATE OFControl
ILLINOIS
Board
•
Fax
: (217) 782-7046
• Fax : (312) 814-3806
1001 Fast Main, Carhondalc, Illinois 62901 •
(6l8) 529-6400 • "FFY (618) 529-6403 • Fax
: (618) 529-6416
JB/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 •
(217) 782-1090 •
TTY: (217) 785-2771
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000 •
'FFY
: (312) 814-3374
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR% ECEIVED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK'S OFFICE
FEB 0 7 2001
Complainant,
)
v
.
Pollution
STATE OF
ControlILLINOIS
Board
)
PCB No. 07-42
(Enforcement)
ENVIRONMENTAL RECLAMATION
)
COMPANY, an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Brian Konzen
Lueders, Robertson & Konzen LLC
1939 Delmar Avenue
P .O. Box 735
Granite City, IL 62040-0735
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, COMPLAINANT'S REPLY TO RESPONDENT'S
AFFIRMATIVE DEFENSES, 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
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigati
Division
BY JENNIFER
BONKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : February 2, 2007
CERTIFICATE OF SERVICE
I hereby certify that I did on February 2, 2007, 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 COMPLAINANT'S REPLY TO
RESPONDENT'S AFFIRMATIVE DEFENSES
To :
Brian Konzen
Lueders, Robertson & Konzen LLC
1939 Delmar Avenue
P.O
. Box 735
Granite City, IL 62040-0735
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
i
Al
NNIFER BOT4KOWSKI
sistant Attor ey General
This filing is submitted on recycled paper .
AA
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
vs.
)
PCB No . 07- 42
(Enforcement)
ENVIRONMENTAL RECLAMATION
)
COMPANY, an Illinois corporation,
)
Respondent
.
)
COMPLAINANT'S REPLY TO RESPONDENT'S
AFFIRMATIVE DEFENSES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by Lisa Madigan, Attorney General
of the State of Illinois, hereby responds to the Affirmative Defenses filed by the Respondent,
ENVIRONMENTAL RECLAMATION COMPANY, and states as follows
:
1 .
Section 103.204(d)
of the Pollution Control Board's Procedural Rules provides that
"Any facts constituting an affirmative defense must be plainly set forth before hearing in the answer
or supplemental answer, unless the affirmative defense could not have been known before
hearing ." Estoppel is an affirmative defense and facts asserting it must be pleaded and proved by
the party relying on it by clear, precise and unequivocal evidence
. Forest Inv. Corp. v.
Chaplin, 55
III . App . 2d 429, 205 N
.E .2d 51 (4'h Dist. 1965)
. The Respondent does not assert facts and merely
states a legal conclusion .
The Complainant denies that any of the facts pleaded or claims asserted are barred
. A
statute of limitations is not applicable to claims prosecuted pursuant to Section 31 of the Act, 415
ILCS 5/31 .
2.
The Respondent does not assert facts and merely states a legal conclusion
. The
Complainant denies that it is reasserting the resolved Administrative Citations to prosecute a
second time, or that it is proffering that background to prove a prima facie case against the
Respondent
. The People included this background merely for penalty determination purposes
.
RECEIVEDCLERK'S
OFFICE
FEB 0 7 2007
Pollution
STATE OF
ControlILLINOISBoard
Therefore, Complainant, People of the State of Illinois, respectfully requests that the Board
DENY the Respondent's prayer that both counts of the Complaint be dismissed .
500 South Second Street
Springfield, Illinois
62706
217/782-9031
Dated
: February 2, 2007
BY:
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/Asbestos
Li 'gation Division
IAA-I'
NNIFER :ONKOWSKI
vironme tal Bureau
ssistant Attorney General
E
