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