STATE OF ILLINOIS
ILLINOIS POLLUTION CONTROL
BOARD
CASEYVILLE SPORT CHOICE, LLC )
)
Complainant.
)
)
VS.
)
PCB 08-30
)
(Citizen’s Enforcement – Land)
ERMA I. SEIBER, ADMINISTRATRIX )
OF THE ESTATE OF JAMES A.SEIBER)
Deceased, and ERMA I. SEIBER,
)
Individualy.
)
ANSWER
Now comes the respondents, ERMA I SEIBER, administratrix
of the Estate of
James A. Seiber, deceased and ERMA I. SEIBER. Individually, by and through her
Attorneys, Sprague & Urban, and in response to the formal
complaint filed by the
Complainants before the Illinois Pollution Control Board, respectfully responds as
Follows:
1. Respondent admits
the allegations contained in paragraph one.
2. Respondent admits
the allegations contained in paragraph two.
3. Respondent admits
the allegations contained in paragraph three.
4. Respondent admits
that they operated a business which hauled away from a
nearby race trace large amounts of horse manure and that said manure placed
on land in St. Clair County. Respondent lacks sufficient knowledge to admit
or deny whether “municipal trash” was included in said disposal and demands
strict proof of same.
5. The respondent denies the allegations contained in paragraph five and by way
of affirmative
defense states that the respondent has previously complied with
all enforcement orders issued by the Illinois Pollution Control in regards to
this site.
Electronic Filing: Received, Clerk's Office, December 3, 2007
6. Respondent lacks sufficient knowledge to admit or deny the amount of horse
manure placed on the site or the municipal trash and therefore denies same
and demands strict proof of same.
7. Respondent lacks sufficient knowledge to admit
or deny the exact dates that
the horse manure was placed on the property but admits that all dumping
ceased in conjunction with the enforcement action of the Illinois Pollution
Control (most likely in the early 1990’s) and denies that the complainant only
became aware of these factors in April 2005 in the course of developing the
land
8. Respondent lacks sufficient knowledge to either admit
or deny the allegations
contained in paragraph eight and therefore denies same and demand strict
proof of same.
9. Respondent denies that the complainant
should receive the relief sought.
10. Respondent admits
the allegations contained in paragraph ten.
11. Respondent admits
the allegations contained in paragraph eleven
12. Respondent admits
the allegations contained in paragraph twelve.
WHEREFORE the respondent would petition this board to deny the prayer for
Relief sought by the petitioners and for such other and further relief is just and
equitable.
ERMA I. SEIBER, Individually and
As the Administratrix of the Estate
Of James A. Seiber, deceased.
By:
/s/ Donald W. Urban
DONALD W. URBAN #3125254
SPRAGUE & URBAN
Attorneys at Law
26 East Washington Street
Belleville, IL 62220
618-233-8383
618-233-5374 (fax)
Electronic Filing: Received, Clerk's Office, December 3, 2007