WESLEY LUEDERS 18961957
RANDALL ROBERTSON
LEO H . KONZEF
ERIE ROBERTSON
BRIAN E KONZEN
LAUREN K . SMITH
RYAN E ROBERTSON
Office of the Clerk
Attn
: Honorable Dorothy Gums
Illinois Pollution Control Board
James R . Thompson Center
100 W . Randolph Street, Suite 11-500
Chicago, IL 60601
Re :
People v
. D & L Disposal PCB 07-46
Dear Ms . Gunn,
Enclosed please find for filing the original and ten copies of the
answer to the complaint in
this cause, notice of filing, and proof of service . Please file the originals and return
file-stamped
copies to me in the enclosed, self-addressed, stamped envelope .
This filing is submitted on recycled paper . Thank you for your courtesy .
Your& very truly,
/
(c I
Brian Konzen
BEK :cr
Enclosure-original
cc w/ copy of enclosure
: Allen Steinkamp
J . L . Homan, Esq .
58195
LAW OFFICES
LUEDERS, ROBERTSON & KONZEN LLC
1939 DELMAR AVENUE
P
.0 BOX 735
GRANITE CITY, ILLINOIS
ZIP CODE 62040-0735
618-8768500
FAX 618.87G-4534
February 8, 2007
RECEIVEDCLERK'S
OFFICE
Fc.is
1
I,
2007
STATE
OF ILLINOIS
Pollution Control Board
rrobeRson@Irklaw .Com
Ikonzen@Irklaw com
erobertsan@Irklaw .com
bkonzen@Irklaw .com
I smilh@lrklaw.co m
ryrobertson@Irklaw .com
People o1' the State of Illinois
D & L Disposal, LLC,
Respondent
RECCIVEQ
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Fc d 1
2007
STATE OF
ILLINOIS
Pollution Control Board
j PCB 07-46
This filing submitted on recycled paper
58196
PROOF OF SERVICE
I, the undersigned, verify the copies ofD & L Disposal's answer was served by US mail upon
the following persons on February
2007 in Granite City, Illinois by depositing it in a U .S
.
Post Office Box in Granite City, IL before 5 p.m., with first-class postage fully prepaid and the
envelopes addressed to :
J. L . Homan, Esq .
Assistant Attorney General
Environmental Bureau
Illinois Attorney General's Office
500S .2
nd St.
Springfield, IL 62706
Notice of Filing
Notice is hereby given to you that answer with affirmative defenses was filed by US Mail on
behalf of Respondent in this cause on February
j'2007
This filing submitted on recycled paper
58197
Brian Konzen
Lueders, Robertson & Konzen
1939 Delmar, PO Box 735
Granite City, IL 62040
ARDC #06187626
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
People of' the State o1' Illinois
v.
)
) PCB 07-46
FEO I
u
2007
STATE OF ILLINOIS
D & L Disposal, LLC,
)
Pollution Control
Board
Respondent
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
People of the State of Illinois
FEB
1
2907
PCB 07-46
STATE OF ILLINOIS
Pollution Control Board
D & L Disposal . LLC
ANSWER
Comes now, D & L Disposal, LLC, and responds to the Complaint as follows :
COUNT I
1 . Admitted
2 . Admitted
3
. Admitted
4. Paragraph four is omitted in Respondent's copy of the filed complaint
.
5
. Respondent admits a D & L employee brought a small vial containing mercury to the
Respondent's Office in Greenville, but otherwise admits to no knowledge as to the allegations of
paragraph five, and therefor denies same .
6
. Respondent admits it immediately self-reported the release, on or before 1
:00 pm July 9,
2004
. Respondent otherwise denies sufficient knowledge of the remaining allegations of paragraph
six and therefore denies same
.
7 . Admitted
8 . Admitted
9 . Admitted
Page 1 of 6
RECEIVED
CLERKS OFFICE
10. Respondent admits waste containing mercury in excess of 0
.2 mg/L is a characteristic
hazardous waste per 35111inois Administrative Code 721
.124(b), but denies the vial ofmercury was
waste, during at least some of the times relevant .
11 . Denied
12 . Admitted
13
. Respondent denies 35 Illinois Adn nistrative Code 722 .111, and 35 Illinois
Administrative Code 723.11 1(a), were applicable to transportation of the alleged vial at some or all
of the times referenced in the complaint
14
. Denied
15 . Denied
16
. Denied . Respondent is not and was not in the business or enterprise of conducting a
hazardous waste transportation operation
.
17 . Denied
Therefore, Respondent prays the Illinois Pollution Control Board dismiss the complaint
.
Page 2of 6
Brian konzen
Lueders, Robertson & Konzen
1939 Delmar, PO Box 735
Granite City, IL 62040
ARDC #06187626
COUNT 2)
1 . Admitted
2 . Admitted
3 . Admitted
4 . Paragraph four is omitted in Respondent's copy of the filed complaint .
5 . Respondent admits a D & L employee brought a small vial containing mercury to the
Respondent's Office in Greenville, but otherwise admits to no knowledge as to the allegations of
paragraph five, and therefor denies same
.
6. Respondent admits it immediately self-reported the release, on or before 1
:00 pin July 9,
2004 . Respondent otherwise denies sufficient knowledge of the remaining allegations of paragraph
six and therefore denies same .
7. Admitted
8 . Admitted
9. Admitted
10
. Respondent admits waste containing mercury in excess of 0 .2 mg/L is a characteristic
hazardous waste per 35 Illinois Administrative Code 721 .124(b), but denies the vial of mercury was
waste, during at least some of the times relevant
.
11 . Denied
12. Admitted
13
. Admitted
14. Denied
. Respondent is not in the business of conducting hazardous waste storage
.
15 . Denied .
16. Denied .
Therefore, Respondent prays the Illinois Pollution Control Board dismiss the complaint .
Page
3
of 6
Brian Konzen
Lueders . Robertson & honzen
1939 Delmar, PO Box 735
Granite City, IL 62040
ARDC #06187626
COUNT3
I . Admitted
2 . Admitted
3 . Admitted
4 . Paragraph four is omitted in Respondent's copy of the filed complaint .
5 . Respondent admits a D & L employee brought a small vial containing mercury to the
Respondent's Office in Greenville, but otherwise admits to no knowledge as to the allegations of
paragraph five, and therefor denies same
.
6
. Respondent admits it immediately self-reported the release, on or beforel
:00 pin July 9,
2004
. Respondent otherwise denies sufficient knowledge of the remaining allegations of paragraph
six and therefore denies same
.
7 . Admitted
8 . Admitted
9 . Admitted
10
. Respondent admits waste containing mercury in excess of 0 .2 mg/L is a characteristic
hazardous waste per 35 Illinois Administrative Code 721 .124(b), but denies the via] of mercury was
waste at least some of the times relevant .
Page4 of 6
11 . Denied
12 . Admitted
13 . Admitted
14. Denied
15 . Denied
16. Denied
17 . Denied
18 . Denied
Therefore, Respondent prays the Illinois Pollution Control Board dismiss the complaint
.
Brian Konzen
Lueders, Robertson & Konzen
1939 Delmar, PO Box 735
Granite City, IL 62040
ARDC #06187626
AFFIRMATIVE DEFENSES TO ALL COUNTS
1
. Any mercury referenced in the complaint was disposed of by Enviromnental Restoration
Company, LLC, which timely obtained a RCRA permit, in accordance with 415 ILCS
21(f)(1), said
process beginning on or before 1 :00 pm on July 9, 2004
. Environmental Restoration LLC . further
complied with the disposal requirements for mercury under 35 Illinois Administrative Code
728 .134(a), beginning on or before 1 :00 pm on July 9, 2004.
Page 5 of 6
2
. During at least some of the times alleged in the complaint, the vial referenced was not
"waste' or "hazardous waste" .
3
. Environmental Restoration LLC timely obtained the proper permits in order to lawfully
transport the material referenced in the complaint to an approved disposal location, per 415 ILCS
21(g)(I)and(2) .
4
. Environmental Restoration LLC timely obtained the proper permitting in order to store and
dispose of the material referenced in the complaint, at an approved disposal location, in accordance
with 35 Illinois Administrative Code 703
.121(a)(1) .
5
. Environmental Restoration LLC made a hazardous waste determination, in compliance
with 35 Illinois Administrative Code 722
.111, and timely obtained an identification number per 35
Illinois Administrative Code 723
.111(a) .
6
. Environmental Restoration LLC timely obtained any RCRA permit required by 35 Illinois
Administrative Code 703 .121 (a), for waste storage, if applicable
.
7
. At all times relevant, Respondent has not and did not accept any special hazardous wastes
for disposal, in the course of its operation and business
.
8
. The total materials allegedly spilled in the complaint, amounted to approximately three
ounces .
Therefore, Respondent prays the complaint be dismissed
7
.
Brian Konzen
Lueders, Robertson & Konzen
1939 Delmar, PO Box 735
Granite City, IL 62040
ARDC #06187626
58192
Page 6 of 6
