Nov
    05
    2008
    11:53
    Feldman
    Wasser
    Draper
    Cox
    217-544-1583
    p.2
    CL;s
    oo
    N0
    052008
    BE
    FORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    ADMIN1STRATWE
    CITATION
    Illinois
    EPA,
    Complainant,
    v.
    AC
    09-14
    Reynolds
    Service
    Co.,
    Inc.,
    Respondent.
    MOTION
    TO
    CLARIFY
    RECORD
    On
    behalf
    of
    the
    Respondent,
    Reynolds
    Service
    Co.,
    Inc.,
    Thomas
    J.
    Immel,
    of
    the
    law
    firm
    of
    Feldman,
    Wasser
    Draper
    and
    Cox,
    hereby
    files
    this
    motion
    in
    an
    attempt
    to
    clarify
    the
    record
    in
    the instant
    case
    as
    regards
    the
    Respondent’s
    receipt
    of
    the
    above
    referenced
    Administrative
    Citation,
    and
    states
    as
    follows:
    1.
    This
    Motion
    is
    being
    fax
    ified
    with
    the
    Clerk
    of
    the
    Board
    pursuant
    to
    Procedural
    Rule
    101.302(d).
    2.
    The Board’s
    agenda
    for
    this date
    (November
    5,
    2008)
    has
    set
    this
    matter
    for
    entry of
    a
    default
    order
    on
    the
    basis
    that
    Respondent’s
    filing
    of
    a
    Petition
    for
    Review
    was
    due
    no
    later
    than
    October
    16,
    2008,
    further
    predicated
    on
    the
    belief
    that Respondent
    had
    received
    the said
    Citation
    on
    September
    11,
    2008,
    3.
    The undersigned
    counsel
    was
    retained
    by
    phone
    on
    October
    8,
    2008
    and
    received
    the
    Citation
    via
    express
    mail
    on
    the
    9th,
    having
    been
    informed
    that
    it
    had
    just
    recently
    been
    received
    by
    the
    Respondent.
    FELI)M4N.
    WAER
    DR4PER&
    COX
    1307
    S.
    Stvitb
    .
    Post
    Office
    Boc
    2418
    Sprn460d,
    L
    6275
    217(544.3403

    Nov
    05
    2008
    11:53
    Feldman
    Wasser
    Draper
    Ccx
    217-544-1593
    4.
    In fact
    it
    appears
    that
    the
    Respondent
    has
    received
    multiple
    documents
    from
    the
    offices
    of
    Complainant
    via
    certiEed
    mail
    on
    various
    dates
    and
    that
    the
    instant
    Citation
    was
    actually
    received
    by
    Respondent
    on
    September
    29,
    2008,
    not
    September
    11th,
    and
    that
    Respondent’s
    filing
    of
    a
    Petition
    for
    Review
    was
    due
    on
    or
    before
    November
    3,
    2008.
    5.
    The
    undersigned
    filed
    said
    Petition
    for
    Review
    via
    U.S.
    Mail
    on
    October
    30,
    2008,
    within
    the
    time
    prescribed
    by
    law,
    and
    Respondent
    should
    not
    be
    subject
    to
    risk of
    a
    default
    order
    in the
    instant
    matter.
    6. flaying
    just
    discovered
    that
    the
    Board’s
    November
    5th
    Agenda
    lists
    this
    matter
    for
    disposition
    as
    described
    in
    Paragraph
    2
    above,
    the
    undersigned
    requests
    that
    this matter
    not
    be
    decided
    as
    shown
    in
    said
    Agenda;
    rather,
    that
    the
    matter
    be
    held over
    to
    permit
    a
    response
    to
    this
    motion
    by
    Complainant,
    or,
    alternatively,
    that
    the
    matter
    be authorized
    for
    hearing.
    p.3
    Respectfully
    submitted,
    By:
    FLDM4N
    WASSER
    DRAPER&
    c0
    1307
    S.
    Sc.t1flhSL
    oiOBo241
    Spiz,d.
    11.62705
    2171544-3403

    Nov
    05
    2008
    11:53
    Feldman
    Wasser
    Draper
    Cox
    217-544-1583
    p..
    4
    ELDU4Z’c
    W4YER
    RAPZR&
    COX
    O7
    S.
    SePenth
    St
    ,r
    0c.
    ox
    2415
    rifieId,
    LL
    62705
    7)54.44403
    CERTIFICATE
    OF
    SERVICE
    The
    undersigned
    of
    FELDMAN,
    WASSER,
    D1APER
    &
    COX
    hereby
    certifies
    a
    copy
    of
    the
    foregoing
    document
    was
    served
    upon
    each
    of
    the
    addressees
    hereinafter
    set
    forth
    by
    enclosing
    the
    same
    in
    an
    envelope
    plainly
    addressed
    to
    each
    of
    the
    said
    addresses,
    with
    postage
    fully
    prep
    aid,
    and
    depositing
    same
    in
    a
    U.S.
    Mail
    Box
    in
    Springfield,
    Illinois
    on
    this
    5th
    day
    of
    November,
    2008:
    Michelle
    Ryan
    IEPA
    Bureau
    of
    Legal
    Counsel
    1021
    North
    Grand
    Avenue
    East
    P0
    Box
    19276
    Springfield,
    IL
    62794-9276
    and
    that
    the
    original
    was
    sent
    via
    fax
    (312-814-3669)
    to:
    John
    Therriault,
    Clerk
    illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center,
    Ste.
    11-500
    100
    West
    Randolph
    Chicago,
    IL
    60601
    3

    Mov
    05
    2008
    11:53
    Feldman
    Wasser
    Draper
    Ccx
    217-544-1583
    p.
    1
    IFELDMAN,
    WASSER,
    DRAPER
    &
    (Cox
    1307
    South
    Seventh
    Street
    *
    P.O.
    Box
    2418
    *
    Springfleld,
    Illinois
    62705
    217/544-3403
    Howard
    W.
    Feldman
    Stanley
    N.
    Wasser
    Cart
    R
    Draper
    J.
    Randall
    Cox
    Kelli
    E.
    Gordon
    Mictelle
    L
    Blackburn
    Marissa
    B.
    Spencer
    Thomas
    J.
    Immel,
    Of
    Counsel
    ATFORNEYS
    AND
    COUNSELORS
    AT
    LAW
    V
    AjihoF.;9d
    ‘Tb
    4X
    cdC
    311
    .1114.
    Facsimile:
    217/544-1593
    Writer’s
    Email:
    timmeltfeldman-wasser.com
    www.
    feldman..wasser.
    corn

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