State of Illinois
    Pollution Control Board
    James R. Thompson Center
    100 W. Randolph Street, Suite 11-500
    Chicago, Illinois 60601
    In the Matter of:
    )
    CASEYVILLE SPORT CHOICE, LLC,
    )
    An Illinois Limited Liability Company,
    )
    )
    Complainant,
    )
    )
    vs.
    )
    PCB 2008-030
    )
    ERMA I. SEIBER, ADMINISTRATRIX
    )
    OF THE ESTATE OF JAMES A. SEIBER, )
    DECEASED, AND ERMA I. SEIBER,
    )
    IN HER INDIVIDUAL CAPACITY, and
    )
    FAIRMOUNT PARK, INC. (formerly
    )
    known as OGDEN FAIRMOUNT, INC.,
    )
    A Delaware Corporation,
    )
    )
    Respondents.
    )
    COMPLAINANT’S MOTION TO ADD PARTY DEFENDANT
    AND FOR LEAVE TO AMEND COMPLAINT
    Comes now the complainant, Caseyville Sport Choice, LLC, by its attorneys, Belsheim &
    Bruckert, L.L.C., pursuant to Section 103.206(a) and (b) of the General Rules of the Illinois
    Pollution Control Board, and moves this honorable Board to give it leave to add a party
    defendant and to amend its Complaint to state a cause of action against the additional party
    defendant. In support of its motion, the complainant, Caseyville Sport Choice, LLC, states the
    following:
    1.
    Fairmount Park, Inc., (formerly known as Ogden Fairmount, Inc.) a Delaware
    Corporation, which operated a horse racing track, was the source of the huge amount of horse
    - 1 -
    Electronic Filing - Received, Clerk's Office, August 26, 2008
    manure and intermixed “municipal trash” on the land involved in this case, for the cleaning up of
    which the complainant seeks reimbursement of its costs.
    2.
    Fairmount Park, Inc., (formerly known as Ogden Fairmount, Inc.) a Delaware
    Corporation, repeatedly paid James Seiber d/b/a Seiber Hauling and Contracting to haul away,
    from its horse racing track, large amounts of horse manure and intermixed “municipal trash,”
    with the expectation that Seiber would dump the horse manure and “municipal trash” on his own
    land rather than at a properly permitted waste-disposal site or facility.
    3.
    Fairmount Park, Inc., (formerly known as Ogden Fairmount, Inc.) a Delaware
    Corporation, was thus an off-site generator of waste, within the meaning of the decision in
    People ex rel Ryan vs. McFalls
    , 313 Ill. App. 223, 728 N.E. 2d 1152, 245 Ill. Dec. 795 (3d Dist
    2000), that caused or allowed the open dumping of the waste on the land involved in this case, in
    violation of §21(a) of the Illinois Environmental Protection Act (415 ILCS 5/21(a)).
    4.
    Consequently, the complainant desires to add Fairmount Park, Inc., (formerly
    known as Ogden Fairmount, Inc.) a Delaware Corporation, to this proceeding as a party
    defendant.
    5.
    The complainant also desires to amend its Complaint by filing a First Amended
    Complaint, Count II of which is directed against Fairmount Park, Inc., (formerly known as
    Ogden Fairmount, Inc.) a Delaware Corporation.
    See
    copy of the proposed First Amended
    Complaint attached hereto as Exhibit A.
    WHEREFORE the complainant, Caseyville Sport Choice, LLC, prays that the Board
    will give it leave to add Fairmount Park, Inc., (formerly known as Ogden Fairmount, Inc.) a
    Delaware Corporation, as a party defendant, and leave to amend its Complaint by filing a First
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    Electronic Filing - Received, Clerk's Office, August 26, 2008
    Amended Complaint, Count II of which is directed against Fairmount Park, Inc., (formerly
    known as Ogden Fairmount, Inc.) a Delaware Corporation.
    CASEYVILLE SPORT CHOICE, LLC,
    An Illinois Limited Liability Company,
    By /s/ John P. Long
    John P. Long #1687832
    Belsheim & Bruckert, L.L.C.
    1002 E. Wesley Drive, Suite 100
    O’Fallon, Illinois 62269
    618-624-4221/618-624-1812 Fax
    Attorney for Complainant
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    Electronic Filing - Received, Clerk's Office, August 26, 2008
    CERTIFICATE OF SERVICE
    I, the undersigned, certify that I have served a copy of the foregoing document by
    depositing the copy of the document in the United States mail at the post office in O’Fallon,
    Illinois, on August 26, 2008, enclosed in an envelope, with first-class postage thereon fully
    prepaid, plainly addressed to:
    Donald Urban
    Sprague and Urban
    Attorneys at Law
    26 E. Washington Street
    Belleville, IL 62220
    and
    Illinois Corporation Service Co.
    801 Adlai Stevenson Drive
    Springfield, IL 62703
    /s/ John P. Long_
    John P. Long #1687832
    Belsheim & Bruckert, L.L.C.
    1002 E. Wesley Drive, Suite 100
    O’Fallon, Illinois 62269
    618-624-4221/618-624-1812 Fax
    Attorney for Complainant
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    Electronic Filing - Received, Clerk's Office, August 26, 2008

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