BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 05-61
v.
)
)
)
(IEPA No. 59-05-AC)
TIMOTHY PEARCE,
)
Respondent.
)
)
NOTICE OF FILING
To:
Timothy Pearce
607 Birchwood
Flora, Illinois 62839
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled REQUEST
TO ADMIT FACTS.
Respectfully Submitted,
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: August 15, 2007
Electronic Filing, Received, Clerk's Office, August 15, 2007
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 05-61
v.
)
)
)
(IEPA No. 59-05-AC)
TIMOTHY PEARCE,
)
Respondent.
)
)
REQUEST TO ADMIT FACTS
Complainant, the Illinois Environmental Protection Agency (“Illinois EPA”), by and through
its attorney, Special Assistant Attorney General Michelle M. Ryan, pursuant to 35 Ill. Adm. Code
101.618, hereby requests that the Respondent, Timothy Pearce (“Respondent”) admit the below-
listed facts.
Failure to respond to the following requests to admit within 28 days may have
severe consequences. Failure to respond within 28 days will result in all the facts requested
being deemed admitted as true for this proceeding. If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding or an attorney.
Illinois EPA REQUESTS that Respondent admit the truth of the following facts:
1. On February 16, 2005, Respondent owned the property at 241 North Willow Road, Flora,
Clay County, Illinois (“Site”).
2. On February 16, 2005, Respondent operated the Site.
3. On or before February 16, 2005, waste was open dumped on the Site.
Electronic Filing, Received, Clerk's Office, August 15, 2007
4. The waste at the site on February 16, 2005 included general or clean construction or
demolition debris.
5. The waste at the Site on February 16, 2005 was placed there by Respondent.
6. Respondent allowed the waste at the Site on February 16, 2005 to be placed there.
7. Respondent had control of the Site at the time the waste was placed there.
8. Respondent had control of the Site at the time the waste was observed on February 16, 2005.
9. Respondent did not have a permit from Illinois EPA to manage waste at the Site.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: August 15, 2007
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
2
Electronic Filing, Received, Clerk's Office, August 15, 2007
PROOF OF SERVICE
I hereby certify that I did on the 15
th
day of August, 2006, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy of
the following instrument(s) entitled REQUEST TO ADMIT FACTS
To:
Timothy Pearce
607 Birchwood
Flora, Illinois 62839
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing, Received, Clerk's Office, August 15, 2007
