BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

ex

rei.

LISA MADIGAN, Attorney General of

the

State of Illinois,

Complainant,

v.

DAVID J. SHULTZ,

Respondent.

ANSWER

No. PCB 09-74

Respondent, DAVID J. SHULTZ, by his attorneys, Drake, Narup

&

Mead, P.C.,

for

his Answer to the Complaint, states as follows:

COUNT'

1.

Respondent admits the Complainant's statement as to what Act she brings

these charges under.

2.

Respondent admits the factual allegations of Paragraph 2 of Count

I.

3.

Respondent denies the factual allegations of Paragraph 3 of Count

I.

. 4.

Respondent admits the statutory language referenced in Paragraph 4 of

Count I

is quoted correctly.

5.

Respondent admits the factual allegations of Paragraph 5 of Count

I.

6.

Respondent admits the statutory language referenced in Paragraph 6 of

Count I

is quoted correctly.

I

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7.

Respondent admits the statutory language referenced in Paragraph 7 of

Count I

is quoted correctly.

8.

Respondent has no personal knowledge as to the truth of the allegations of

paragraph 8 of Count I and therefore denies same and demands strict proof thereof.

Respondent does admit the building known as

"Building T" did have 3 floors and a

"penthouse. "

9-14. Respondent has no personal knowledge as to the truth of the allegations

of paragraph 9-14 of Count I and therefore denies same and demands strict proof

thereof.

15.

Respondent admits the factual allegations of Paragraph 15 of Count

I.

16-24. Respondent has no personal knowledge as to the truth of the allegations

of paragraph 16-24 of Count I and therefore denies same and demands strict proof

.

'.

thereof.

25.

Respondent admits the factual allegations of Paragraph 25 of Count

I.

26.

Respondent denies the factual allegations of Paragraph 26 of Count

I.

27.

Respondent denies the factual allegations of Paragraph 27 of Count

I.

28.

Respondent denies the factual allegations of Paragraph 28 of Count

I.

29.

Respondent denies the factual allegations of Paragraph 29 of Count

I.

30.

Respondent denies the factual allegations of Paragraph 30 of Count

I.

31.

Respondent admits the factual allegations of Paragraph 31 of Count

I.

32.

Respondent denies the factual allegations of Paragraph 32 of Count

I.

Page 2 of 5

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33.

Respondent admits the factual allegations of Paragraph 33 of Count 1.

34.

Respondent denies the factual allegations of Paragraph 34 of Count 1.

WHEREFORE, Respondent prays judgment be entered in his favor and against

the Complainant.

COUNT II

1-32. Respondent repeats his Answers from Paragraphs 1-32 of Count I as and

for

his Answers to Paragraphs 1-32 of Count II.

33.

Respondent admits the statutory language referenced in Paragraph 33 of

Count

II is quoted correctly.

34.

Respondent admits the statutory language referenced

in Paragraph 34 of

Count

II is quoted correctly.

35.

Respondent denies the factual allegations of

Paragraph 35 of Count II.

36.

Respondent denies the factual allegations of Paragraph 36 of Count II.

37.

Respondent denies the factual allegations of Paragraph 37 of Count II.

38.

Respondent denies the factual allegations of Paragraph 38 of Count II.

39.

Respondent denies the factual allegations of Paragraph 35 of Count II and

denies

it

was his responsibility under the Act to have such a person present.

40.

Respondent denies the factual allegations of Paragraph 35 of Count II.

WHEREFORE, Respondent prays judgment be entered in his favor and against

the Complainant.

Page 3 of 5

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Randall A. Mead

Drake, Narup

&

Mead, P.C.

107 East Allen Street

Springfield, Illinois 62704

217-528-9776

217 -528-9401 fax

mead((Ddnmpc.com

Page 4 of 5

TZ, Respondent

Randall

A. ead

Reg. No. 06180340

Electronic Filing - Received, Clerk's Office, June 15, 2009

---

CERTIFICATE OF SERVICE

I hereby certify that on June 15,2009, sent by regular mail, with postage thereon

fully paid, by depositing with the United States Post Office a true and correct copy of the

following instrument entitled ANSWER to the following:

Christine

Zeivel

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

Carol Webb, Hearing Office

Illinois Pullution Control Board

1021 North Grand Avenue East

Springfield, Illinois

62794

and sent via email for filing with COOL:

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James

R.

Thompson Center

Suite 11-500

o West Randolph

icago, Illinois

60601

Page 5 of 5

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