FELDMAN,

WASSER

DRAPER & COX

1307 S.

Seventh St.

Post Office

Box

2418

Springfield.

IL 62705

217/544-3403

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ADMINISTRATIVE

CITATION

CLERK’S

OFFICE

Illinois

EPA,

DEC

052008

Complainant,

Pollution

STATEOFfLLNQIS

Control

Board

09-14

Reynolds

Service

Co.,

Inc.,

Respondent.

COMPLAINANT’S

RESPONSE

MOTION

TO CLARIFY

RECORD

behalf of the Respondent,

Reynolds

Service

Co., Inc., Thomas

J. Immel,

of the

law firm of

Feldman,

Wasser Draper

and Cox, hereby

files this

Reply to

Complainant’s Response

the

Motion to Clarify

Record, previously

filed

by the

undersigned

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

follows:

Complainant’s

Response to Motion

to Clarify

Record arrived

the weekend

mail

on Saturday, November

22,

2008

and was seen

for the

first

time

the

undersigned on

Monday, November

24th.

This

brief Reply is

prompted

the

commentary

offered

in Complainant’s

Response.

2. Respondent’s

business involves

the destruction

outdated

damaged

mobile

homes

and

trailers

and

the

recovery and recycling

of metals

and other

valuable materials

recovered

in that process.

Unusable

material

generated

FELDMAA’ WASSER

DRAPER & COX

1307

S. Seventh St.

Post Office

Box

2418

Springfield, IL

62705

217/544-3403

the process is

ultimately

removed

from

Respondent’s property for

off-site

disposal. The operation is,

its nature, messy while

in process.

The Respondent receives

its

mail

a post office

box. On Monday,

September

29, 2008, Respondent advises that it picked up two

mailed packages

at the

post office

which came from the office of Complainant,

consisting of

two 9x12

envelopes, the

faces

of which are attached hereto as Exhibits 1 & 2.

4. The envelope

marked

as Exhibit 1

is postmarked

September 23, 2008

and, on

information and belief,

contained a

copy of the Administrative

Citation

which

is the

subject of this proceeding.

5. The envelope

marked

Exhibit

is postmarked

September

25, 2008

and,

information and belief contained a “Notice of Corrective Action Required...”,

consisting of

two pages,

and a multi-page

copy

of an August 4,

2008

inspection report generated

Complainant. The two page

Notice of

Corrective Action Required is attached hereto as

Exhibit

3, and

makes

mention of the Administrative Citation.

6. On

information

and

belief the foregoing documents

were

all received

Respondent on the

same

day, September

29,

2008,

being the date that

the

Respondent picked up the aforesaid mail, and September

29th

has been

treated

by the undersigned

the

trigger date

for

Respondent’s

35 day

deadline to file

Petition for Review of

the

Administrative

Citation,

FELDMAN

WASSER

DRAPER

COX

1307 S. Seventh St.

Post Office Box 2418

Springfield fl 62705

217/544-3403

notwithstanding what

the

Complainant

now

says

about

an earlier mailing,

the substance

of which is unknown.

7. At

Paragraph

10 on page

of its Response

to the Motion

to Clarify Record,

Complainant makes

at least one misstatement:

“The only other document

sent

to Respondent regarding this

case

was

the proof of service,

sent via US mail on

September 22, 2008,

which clearly indicated the petition

for Review deadline

October 16, 2008. “About

that

statement

it should be noted:

Respondent has

mail from

Complainant postmarked September

22, 2008.

b) The statement made is contradicted

by the mailed “Notice

Corrective Action Required (See Exhibits 2 &

3).

Indeed,

there was

other mail to Respondent.

c) In fact, the referenced “proof of service” is not

to be

found

in mail

received

by Respondent, but was recovered from the Board

Clerk’s

website

posting by the undersigned on October 30, 2008

and seen

for the first

time on that date.

8. The

undersigned

filed Respondent’s Petition for Review via U.S.

Mail on

October

30, 2008, within the time prescribed

by law,

and Respondent

should

not be

subject

to a

default

order in the instant matter, given the

circumstances described hereinabove.

FELDMAN, WASSER

DRAPER & COX

1307

S. Seventh

St.

Post

0101cc

Box

2418

Springfield,

62705

217/544-3403

Complainant

takes

issues

with the

substance

the Petition for

Review

that

has been

filed

because

does

not specify

chapter and verse

why the

Administrative

Citation

was

improperly

issued.

Rather, the

Petition filed

requests

that the Board

consider the evidence

to be presented

hearing,

and

then dismiss the

entire Administrative

Citation

with prejudice.

Of course, for

the

Board

that it

would have

to conclude

that the allegations

the

Citation were

“wrong”, and —

being

“wrong”

— the Citation

should

not

have

issued.

The only reasonable

inference

to be drawn

from the face

to the

Petition

for Review filed

is that the Respondent

is contesting

100% of

the

charges

made because

they are

“wrong”. Indeed,

Respondent verily

believes

that

the

Citation

is entirely

“wrong” because

Respondent

does not engage

the

“dumping”

of anything on its

property or dispose

any

materials

on its

site. The

adding of those

words to its Petition

for

Review

would in no

way

substantively

change

(or illuminate)

what it was

asking the Board

to do when

requested

that

the

Board

hear the evidence

at hearing

and

dismiss

the

entire

proceeding

with prejudice.

10. The

Complainant’s

convenience

might

served

by a

default,

but

axiomatic

hornbook

law does

not favor

defaults; and Respondent’s

substantive

and

procedural rights

ought

not

be overrun

Complainant’s enthusiasm

for the

vagaries

of its mail system.

Defaults

should be reserved

for people who

never

show

up — not

this case at

all.

11.

Respondent

therefore

requests that

this

matter

be set down

for

hearing

at a

FELDMAN, WASSER

DRAPER

COX

1307

S. Seventh St.

Post

Office

Boo

2418

Springfield, IL 62705

217/544-3403

time and place

mutually convenient

to the parties,

where

the parties

may be

heard and

allowed

develop

record

that

either

does

or does

not support

the

allegations

of the Citation.

The Respondent

certainly

entitled

that,

regardless

of the

Complainant’s feelings

on the

matter.

By:

Respectfully

submitted,

VERIFICATION

Under

penalties

as provided

by law pursuant

to Section 1-109

of the Code

Civil Procedure,

the undersigned

certifies

that the statements

set forth

this

Complaint are true

and correct, except

as to

matters

therein

stated

be on

information and belief

and

such

matters the

undersigned certifies

as aforesaid

that she verily

believes

the same

to be true.

Co., Inc.,

Immel

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Illinois

62959

I1I

1111

111II1ll1

1IIlll

7104

51U

O1JU

4888

—

——

Vest

Main

Street

Reynolds

Service

Company,

Inc.

Attn:

Terry

Reynolds

2875

Rkoute

146

West

P.O.

Box

786

Jonesboro,

62952

ILLINOIS

ENvIRoNMENTAL

PROTECTION

AGENCY

1021

NoRTH GRAND

AvENuE

EAST, P.O.

Box 19276,

SPRINGFIELD,

ILLINOIS

62794-9276

(21 7)

782-3397

JAMES

THOMPSON

CENTER,

100 WEST

RANDOLPH,

SuITE 11-300,

CHIcAGo,

IL 60601

—(312)

814-6026

ROD R.

BLAG0JEvIcH,

GOVERNOR

DOUGLAS

SCOTT,

DIRECTOR

NOTICE

CORRECTIVE

ACTION

REQUIRED

FOR

OPEN

DUMPS

ILLINOIS

ENVIRONMENTAL

#1818565001

— Union

County

PROTECTION

AGENCY,

Jonesboro/Reynolds

Service

Company,

Inc.

Complainant

COMPLIANCE

FILE

vs.

Reynolds,

Service

Company,

Inc.,

Respondent

WARNING:

CORRECTIVE

ACTION

REQUIRED

To contest

the Administrative

Citation

you have

received you

must

the

instructions

provided

in the Administrative

Citation.

You may

be served

with

additional

Administrative

Citations

if you

fail to complete

the following

corrective

actions,

and are

found

be in violation

of Section

21(p)

of the

[Illinois] Environmental

Protection

Act.

Additional

inspection(s)

will be

conducted

to verify

cleanup

and

compliance.

YOU MUST

COMPLETE

THE

FOLLOWING

CORRECTIVE

ACTIONS:

Immediately

cease all open

dumping.

Do not

dispose of

any of

the waste

open

burning.

By November

30,

2008, remove

all

waste

to a permitted

landfill

transfer

station.

Scrap

metal

not

disposed

a landfill

can be

taken

a scrap

metal

facility

or recycling

center.

Please

Note:

If local

ordinances

allow

salvage

business at

your location,

the scrap

metal

should

kept

organized,

and moved

off-site

on a regular

basis. NO

burning

waste,

including

the burning

insulation

off

of metal

wire,

open

dumping

automotive

fluids

is allowed.

By November

30,

2008,

remove

all

used or

waste

tires to

registered

tire storage

or tire

disposal

facility.

Used

or waste

tires

cannot

taken

to a landfill

transfer

station for

the

purpose

disposal.

Do not

open

burn

any

of the tires.

Loads

than

tires

must

hauled

registered

tire transporter.

RESPONDENT’S

R0cKF0RD —4302

ELGis.

North

—595

MainSouthStreetState

Rocklord

Elgin IL 60123—

61103

(847)

—(815)

608

987

3131

7760

PEORiA

DEs

—5415

PLAINES

—9511

UniversityW

Harrison

Peoria

Des

6161

PIai

EXHIBIT

BUREAU OF

LAND

PEORIA

— 7620

N Uni\

erslty St Peoria

61614—

(309)

693

5462

CHAMPAIGN

—2125

South First

Street

800

SPRINGFIELD

—4500

Sixth

Street Rd

Springfield

IL 62706

—(217)

786

6892

COLL1NSvILLE —2009

MaIl Street

Collinsvi

MAR1ON—2309

Main

Suite

116 Marion

IL 62959—(618)

993

7200

PRINTED

ON RECYCLED

PAPER

Notice

Corrective

Action

Required for

Open

Dumps

#1818565001

—Union

County

Jonesboro/Reynolds

Service

Company,

Inc.

Page 2

November

30,

2008,

remove

all white goods

(i.e., large

appliances)

to a

facility

that

can

legitimately

them for

recycling.

White goods

cannot

taken to

landfill

transfer

station

for the

purpose

of disposal.

December

14, 2008,

submit

to the

Illinois

EPA copies

of receipts

that document

the

proper

disposal

recycling

the wastes.

Any

written

response submitted

in reply

to the

corrective

action requirements

this notice

must

be sent

to:

Illinois Environmental

Protection

Agency

Bureau

of Land

Attn: Sheila

Williams

Field

Operations

Section

Regional

Office

Name

and Address

Regional

Office

Contact

any

correspondence

you

send concerning

this

matter, please

reference

the

IEPA

designated

facility

number

and facility

name

listed on

the

first

page

of this notice.

Should

you have

any questions

concerning

this

notice

or need further

assistance,

contact

Sheila

Williams

618/993-7200.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:

Regional

Manager

Field

Operations

Section

Bureau

of Land

Date:

CERTIFIED

MAIL

#: 7004 2510

0002 6337

4888

GES

SRW:jkb/3787l/09-25-08

Enclosure

CERTIFICATE

OF SERVICE

FELDMAN, WASSER

DRAPER & COX

1307 S. Seventh St.

Post

Office Box 2418

Springfield,

62705

217/544-3403

The

undersigned

FELDMAN,

WASSER, DRAPER

COX hereby

certifies

that 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

prepaid, and depositing

same in a U.S.

Mail Box in

Springfield,

Illinois

on this

3rd day of December,

2008:

Michelle Ryan

IEPA Bureau of

Legal Counsel

1021 North Grand Avenue East

P0 Box 19276

Springfield, IL

62794-9276

and

that the original and 10 copies was mailed to:

John Therriault, Clerk

Illinois Pollution

Control Board

James R.

Thompson Center, Ste. 11-500

100 West Randolph

Chicago, IL

60601

Immel