1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. NOTICE OF FILING
      3. BROWN HAY & STEPHENS, LLP
      4. PROOF OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BARGER ENGINEERING, INC., an
Indiana Corporation,
Respondent.
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)
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PCB No. 06-82
(Enforcement)
NOTICE OF FILING
To:
Ms. Kristin Gale
Assistant Attorney General
Environmental Bureau
500
S. 2
nd
Street
Springfield, IL 62706
Ms. Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL .62974-9274
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Pollution Control Board BARGER ENGINEERING'S ANSWER TO THIRD
~EDJ~
ofwhich is herewith served upon you.
Claire A. Manning
I
~
OCTOBER 13,2008
U
BROWN HAY
&
STEPHENS, LLP
Claire
A.
Manning
Registration No. 3124724
Alison K. Hayden
Registration No. 6291618
205 S. Fifth Street, Suite 700
Springfield, IL 62701
21'7-544-8491
Electronic Filing - Received, Clerk's Office, October 12, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BARGER ENGINEERING, INC., an
Indiana Corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 06-82
(Enforcement)
BARGER ENGINEERING'S ANSWER
TO THIRD AMENDED COMPLAINT
NOW COMES Respondent, BARGER ENGINEERING, INC. by its attorneys
BROWN, HAY
&
STEPHENS, LLP, and for its Answer to Complainants Third
Amended Complaint hereby state as follows:
COUNTS
I-IV
Respondent specifically restates and incorporates herein by reference its Answers
filed on April
14, 2006 and January 14,2008 for Counts I through IV.
COUNT V
1-11. Respondent restates and incorporates herein
by reference its Answers for
paragraphs 1 through 5 and 12 through 16
of Count I for its Answers to paragraphs 1
through 10
of this Count V as well as paragraph 11 of Count II as its Answer to
paragraph
11 of this Count V.
12.
Respondent denies that on August 12, 2008 an above-ground injection line
failed, but admits that a
2" fiberglass flow line at the Phillipstown Unit Water Flood Plant
leaked.
13.
released.
Respondent admits that approximately 50 bane1s
of saltwater were
14.
Respondent neither admits nor denies that the subject release entered a
"creek" as the term "creek" is vague and ambiguous..
Respondent admits that the salt
water entered into a ditch.
Electronic Filing - Received, Clerk's Office, October 12, 2008
15.
Respondent denies the allegations set out in Paragraph 15 as it calls for a
legal conclusion.
16.
Respondent denies the allegations set out in paragraph 16 and demands
strict proof thereof, but admits that on August
12, 2008 the maximum chloride
concentration measured in the ditch water was somewhere in the range
of 700 - 1200
ppm.
17.
Respondent denies the allegations set out in paragraph 17 and demands
strict proof thereof, but admits that on August 13, 2008 the chloride concentration
of the
water was approximately 300 ppm, 583 ppm, and
103 ppm, measured at three different
discrete locations.
18.
Respondent denies the allegations set out in Paragraph 18 as it calls for a
legal conclusion.
19.
Respondent denies the allegations set out in Paragraph 19 as it calls for a
legal conclusion.
20.
Respondent denies the allegations set out in Paragraph 20
as it calls for a
legal conclusion.
21.
Respondent denies the allegations set out in Paragraph
21 as it calls for a
legal conclusion.
WHEREFORE Respondent, Barger Engineering, Inc. respectfully requests that
this Board deny all forms
of Relief prayed for by the Complainant in Count V of its
Amended Complaint.
Respectfully submitted,
BrjfNE~
INC.,
~spondent
BROWN HAY
&
STEPHENS, LLP
.
ClaireA.~
Claire A. Manning
Registration No. 3124724
Alison
K.
Hayden
Registration No. 6291618
205
S. Fifth Street, Suite 700
Springfield, IL 62701
217-544-8491
October 13, i008\jlp\F:IWORDICAMlCAM CLlENTSIBARGER ENGINEERINGIBARGER'SANSWER TO THIRD AMENDED COMPLAINT.DOC
Electronic Filing - Received, Clerk's Office, October 12, 2008
PROOF OF SERVICE
I, the undersigned, certify that I have served the attached BARGER
ENGINEERING'S ANSWER TO THIRD AMENDED COMPLAINT,
by electronic
mail upon the following persons:
Mr. John Therriault
'AssistantClerk
of the Board
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago,IL 60601
and a copy to the following:
Ms. Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Ave. East
P.O. Box 19276
Springfield,IL 62974-9274
Ms. Kristin Gale
Assistant Attorney General
Environmental Bureau
500
S. 2
nd
Street
Springfield, IL 62706
by depositing same in United States mail in Springfield, Illinois, on the 13
th
day of
October, 2008, with postage fully prepaid'
0taJ1
{(
ClaireA.Manning
Attorney
Electronic Filing - Received, Clerk's Office, October 12, 2008

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