BEFORE THE ILLlNOIS POLLUTION CONTROL BOARO
UNITED CITY OF YORKVILLE, A
MUNICIPAL
CORPORATION,
Complainan~
v.
HAMMAN FARMS"
Respondents.
)
)
)
l
l
j
PCB No. 08-96
(Enforcement-Land, Air, Water)
NOTICE OF FILING
TO: SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that on June 30, 2009, we electronically filed with the Clerk of
the Illinois Pollution Control Board, Respondent Hamman Farms' Answer and Affum.live
Defenses
to Count
N
of the Amended Complaint, a copy of which is attached hereto and hcrcby
served upon you.
Dated:
June
2009
Charles
F.
Helsten
Nicola Nelson
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Respectfully submitted,
On behalf of HAMMAN FARMS
IS/Charles F. Helsten
Charles F. Helsten
One ofIts Attorneys
70566463vl 890522 66799
Electronic Filing - Received, Clerk's Office, June 30, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
UNITED CITY OF YORKVILLE, a municipal
corporation,
)
)
)
Complainant,
)
v.
j
PCB No,
08-96
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, and HAMMAN
FARMS,
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l
Respondents.
l
RESPONDENT HAMMAN FARMS' ANSWER AND AFFIRMATIVE DEFENSES TO
COUNT IV OF THE AMENDED COMPLAINT
NOW COMES Respondent HAMMAN FARMS, by and through its .ttorneys,
HINSHAW
&
CULBERTSON LLP and MUELLER ANDERSON, P,C" and for its Answer and
Affmnative Defenses
to Count
N
of the Amended Complaint, states as follows:
Answer to Coont IV of Amended Complaint
68.
Hamman Farms neither admits nor denies the allegations contained in paragrsph
68
of the Amended Complaint, as such is a conclusion oflaw rather thao a factual allegation,
69,
Hamman Farms neither admits nor denies the allegations contained in paragraph
69 of the Amended Complaint, as such is a conclusion oflaw mther than a factual allegation,
70.
Harrunan Fanns neither admits nor denies the allegations contained
in
paragraph
70 of the Amended Complaint, as such is a conclusion oflaw rather than a factual allegation,
71.
Hamman Farms neither admits nor denies the allegations contained in paragraph
71 of the Amended Complaint, as such is a conclusion of law rather than a factual allegation.
72.
Hamman Farms denies the allegations contained
in
paragraph 72 of the Amended
Complaint
and demands strict proof thereof.
70603366vl 890522 66799
Electronic Filing - Received, Clerk's Office, June 30, 2009
73.
Hamman Farms denies the allegations contained in paragraph 73 of the Amended
Complaint and demands
sbiet proof thereof.
74.
Hannnan Farms
denies the allegations contained
in
paragraph 74 of the Amended
Complaint and demands
sbiet proof thereof.
75.
Hamman Farms
denies the allegations contained
in
paragraph 75 of the Amended
Complaint and demands
sbict proof thereof.
76.
Hamman Farms denies the allegations contained in paragraph
76 of the Amended
Complaint and demands
sbict proof thereof.
Affirmative Defenses to
Count
IV
of Amended Complaint
Affirmative Defense Number 1
Complainant is precluded from recovery because Hamman Farms' lawful application of
landscape waste under the illinois Environmental Protection Act, 415 !LCS 5/2l(q), as
specifically approved
by the mineis Enviromnental Protection Agency, prohibits any finding that
Hannnall Farms has engaged in water pollution under
Sectioo 12 of the Act.
Affirmative Defense Number 2
Complainant is precluded from recovery under the doctrine of
laches,
due
to
their
unreasonable delay in bringing an action for relief, which has prejudiced the rights
of Hamman
Farms.
2
70603366vl 890522 66799
WHEREFORE, Respondent HAMMAN FARMS prays that this Board enter judgment in
its favor
and against Complainant on Count IV of the Amended Complaint, and grant such other
and further relief as the Board deems appropriate.
Dated: June 30, 2009
Charles
p,
Helsten
Michael F, Jasparro
Hinshaw
&
Culbertson LLP
100 Park Avenue-P,O, Box 1389
Rockford, IL 61105-1389
Phone:
815-490-4900
Fax: 815-490-4901
HAMMAN FARMS
By:/,-"s/~,---;;;;;;-:---:c-:-
______ _
One of Their Attorneys
3
George Mueller
Mueller Anderson,
P,C,
609 Elna Road
Ottawa, IL 61350
815/431-1500
70603366vi 890522 66799
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-J09 of the lllinois Code of Civil
Procedure, hereby under penalty
of peljury under the laws of the United Stales of America,
certifies that on June
30, 2009, she caused to be served a copy of the foregoing upon:
Mr. John T. Therriault, Assistant Clerk
lllinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, IL 60601
(via electronle
filing)
Bradley P. Halloran
Hearing Officer
Illinois
Pollution Control Board
James
R.
Thompson Center,
Suite
11-500
100 w. Randolph Street
Chicago, IL 60601
(via emall: hallorab@ipcb.state.lLus)
Via electronic filing andlor e-mail delivery.
PCB No. 08-96
Charles
F. Helsten
Nicola A. Nelson
HINSHAW
&
CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815)
490-4900
Thomas G. Gardiner
Michelle
M. LaGrotta
GARDINER
KOCH
&
WEISBERG
53 W. Jackson Blvd., Ste. 950
Chicago, IL 60604
tgardiner@gkw-law.com
mlagrotta@gkw-law.com
70567539vl 890522 66799
Electronic Filing - Received, Clerk's Office, June 30, 2009
