BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLEFUc’g
0Pp/c
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
JUN
U
!j
2009
v.
Complainant,
)
)
PCB
NO.
08-89
Pollution
STATE
OF
Control
ILLINOIS
Board
)
GELCO MANAGEMENT
&
)
DEVELOPERS,
LLC,
an
Illinois
Limited
)
liability
corporation,
)
)
Respondent.
)
ANSWER
TO
COMPLAINT
COUNT
I
VIOLATIONS
OF
THE
NATIONAL
EMISSIONS
STANDARDS
FOR
ASBESTOS
Now
comes
the
Respondent,
GELCO
MANAGEMENT
&
DEVELOPERS,
LLC,
by and
through
their
attorney,
JOSHUA
M.
BRADLEY,
ATTORNEY
AT
LAW,
and
for
their
Answer
to
Count
I
- Violations
of
the
National
Emissions
Standards
for
Asbestos
of Complainant’s
Complaint,
states
as
follows:
1.
Respondent
admits
the
allegations
contained
in
Paragraph
1 of
Count
I
of the
Complaint.
2.
Respondent
admits
the
allegations
contained
in
Paragraph
2 of
Count
I of
the
Complaint.
3.
Respondent
admits
the
allegations
contained
in Paragraph
3 of
Count
I of
the
Complaint.
4.
Respondent
admits
the
allegations
contained
in
Paragraph
4
of
Count
I
of the
Complaint.
5.
Respondent
admits
the
allegations
contained
in
Paragraph
5
of Count
I
of the
Complaint.
6.
Respondent
admits
the
allegations
contained
in
Paragraph
6
of Count
I
of
the
Complaint.
7.
Respondent
admits
the allegations
contained
in
Paragraph
7 of
Count
I of
the
Complaint.
8.
Respondent
admits
the
allegations
contained
in Paragraph
8
of Count
I of
the
Complaint.
9.
Respondent
admits
the
allegations
contained
in
Paragraph
9
of
Count
I
of
the
Complaint.
10.
Respondent
admits
the
allegations
contained
in
Paragraph
10 of
Count
I of the
Complaint.
11.
Respondent
admits
the
allegations
contained
in Paragraph
11
of Count
I of
the
Complaint.
12.
Respondent
admits the
allegations
contained
in
Paragraph
12 of
Count
I
of the
Complaint.
13.
Respondent
denies
the
allegations
contained
in
Paragraph
13
of Count
I
of
the
Complaint.
14.
Respondent
neither
admits
nor
denies
the
allegations
contained
in
Paragraph
14
of
Count
I
of the
Complaint.
15.
Respondent
neither
admits
nor
denies
the
allegations
contained
in Paragraph
15
of
Count
I
of the
Complaint.
2
[Sic]
15.
Respondent
neither
admits
nor
denies
the
allegations
contained
in
Paragraph
15 of
Count
I
of
the
Complaint.
16.
Respondent
neither
admits
nor
denies
the
allegations
contained
in
Paragraph
16
of
Count
I
of the
Complaint.
17.
Respondent
neither
admits
nor
denies
the
allegations
contained
in Paragraph
17
of
Count
I
of the
Complaint.
WHEREFORE,
having
fully
answered
Count
I
-
Violations
of the
National
Emissions
Standards
for
Asbestos
contained
in Complainant’s
Complaint,
Respondent
respectfully
requests
that
this
Court
dismiss
Count
I
of
the
Complaint
in
its
entirety
and
for
any
and
all further
relief
that
this
Court
deems
necessary
and
just.
COUNT
II
AIR
POLLUTION
VIOLATIONS
Now
comes
the
Respondent,
GELCO
MANAGEMENT
&
DEVELOPERS,
LLC,
by
and
through
their
attorney,
JOSHUA
M.
BRADLEY,
ATTORNEY
AT
LAW,
and
for
their
Answer
to
Count
II
- Air
Pollution
Violations
of
Complainant’s
Complaint,
states
as follows:
1-17.
Respondent
repeats
and
realleges
his
answers
to the
Paragraphs
1
through
17
of
Count
I as
Paragraphs
1
through
17
of
Count
II
as though
fully
set
forth
herein.
18.
Respondent
admits
the
allegations
contained
in
Paragraph
18 of
Count
II of
the
Complaint.
19.
Respondent
admits
the
allegations
contained
in
Paragraph
19
of
Count
II of
the
Complaint.
20.
Respondent
admits
the
allegations
contained
in
Paragraph
20
of
Count
II
of
the
3
Complaint.
21.
Respondent
denies
the
allegations
contained
in
Paragraph
20 of
Count
II
of the
Complaint.
WHEREFORE,
having
fully
answered
Count
II
- Air
Pollution
Violations
contained
in
Complainant’s
Complaint,
Respondent respectfully
requests
that
this
Court
dismiss
Count
II
of
the Complaint in its
entirety
and
for
any
and all
further
relief
that
this
Court
deems
necessary
and
just.
COUNT
III
NONPAYMENT
OF
STATUTORILY
REOUIRED
FEES
Now
comes
the Respondent,
GELCO
MANAGEMENT
&
DEVELOPERS,
LLC,
by
and
through
their
attorney,
JOSHUA
M.
BRADLEY,
ATTORNEY
AT
LAW,
and
for
their
Answer
to
Count
III
- Nonpayment
of
Statutorily
Required
Fees
of Complainant’s
Complaint,
states
as
follows:
1-17.
Respondent
repeats
and
realleges
his answers
to
the
Paragraphs
1
through
17
of
Count
I as
Paragraphs
1 through
17
of
Count
III as
though
fully
set
forth
herein.
[sic]
20.
Respondent
admits
the allegations
contained
in Paragraph
20
of
Count
III
of
the
Complaint.
[sic]
18.
Respondent
denies
the
allegations
contained
in Paragraph
18 of
Count
III
of the
Complaint.
[sic]
19.
Respondent
denies
the
allegations
contained
in
Paragraph
19
of
Count
III
of the
Complaint.
WHEREFORE,
having
fully
answered
Count
III
- Nonpayment
of
Statutorily
Required
4
Fees contained
in Complainant’s
Complaint,
Respondent respectfully
requests
that
this
Court
dismiss
Count III of the Complaint
in
its entirety and for any
and all further
relief
that
this
Court
deems necessary
and just.
Respectfully
Submitted,
By:
JOSHUA M. BRADLEY
Attorney
for Defendant
1010
W.
DeYoung
P.O. Box
57
Marion, IL 62959
(618)997-6534
JOS,
1
M.
BRADLEY
5
VERIFICATION
BY
CERTIFICATION
(Under
Sec.
1-109,
I.C.C.P.)
I,
THE
UNDERSIGNED,
DO
HEREBY
CERTIFY
under
penalties
as
provided
by
law
pursuant
to
Section
1-109
of
the
Illinois
Code
of
Civil
Procedure
that
I
have
read
and
understand
the
contents
of
the
foregoing
document
and
that
all
of
the
statements,
matters
and
things
therein
set
forth
are
true
and
correct
in
substance
and
matter
of
fact
except
as
to
matters
therein
stated,
if
any,
to
be
upon
information
and
belief,
and
as
to
such
matters
the
undersigned
certifies
as
aforesaid
that
the
same
are
verily
believed
to
be
true.
a
1
L
TRECIE
A.
LOYD
9
6
PROOF
OF
SERVICE
The
undersigned
certifies
that
a
copy
of
the
foregoing
instrument
was
served
upon
the
following
attorneys
of
record:
Thomas
Davis
Stephen
J.
Janasie
Chief
Environmental
Bureau
Assistant
Attorney
General
Assistant
Attorney
General
500
South
Second
Street
500
South
Second
Street
Springfield,
IL
62706
Springfield,
IL
62706
by
enclosing
the
same
in
an
envelope
addressed
to
such
attorneys
at
their
business
address
as
disclosed
by
the
pleadings
of
record
herein,
with
postage
fully
prepaid
and
by
depositing
said
envelope
in
a
U.S.
Post
Office
mail
box
in
Marion,
Illinois,
on
the
day
of
cJJ
7
0
0
SHUA
M.
BRADLEY
ATTORcEY
\T
\w
John
T.
Therriault
Assistant
Clerk
of
the Board
Illinois
Pollution
Control
Board
James
R.
Thompson
Center,
Suite
11-500
100
W.
Randolph
Chicago,
IL
60601
June
1,2009
ECEVD
CLERK’S
OFFlC
JUN
0
2009
STATE
OF
ILUNOIS
Pollution
Control
Board
Re:
People
v. Gelco
Mgmt.
& Developers,
LLC
PCB
No.
08-89
Dear
Clerk:
Enclosed
please
find
an
original
and
one copy
of
an Answer
to Complaint
to be
filed
on
behalf
of
the Respondent
in
the above-captioned
matter.
Please
file the
original,
file
stamp
the
copy
and return
the
file-stamped
copy
to
my
office
in
the
enclosed
self-addressed,
postage
paid
envelope.
If
you
have any
questions,
please
do not hesitate
to contact
me.
JMB/pb
Enclosures
cc:
Stephen
J.
Janasie
Gelco
Management
By:
ADDRESS
POST
OFF!
CE BOX
5
OCRiOX,
!LLIXOIS
62959
TEL
618.99’.6534
FAX
618,99.6535
XOSEUA
M.
BRADLEY
/
ATTORNEY
WWW.JOSHBRADLEYLAW.COM