BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARD
)
)
)
)
)
PCB 04-13
)
(Enforcement-Air)
)
)
)
)
RE
CE ~V
ED
CLERK’S OFFICE
MAR
0 ~
2004
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILiNG
To:
Marili McFawn
Schiff, Hardin
& Waite
6600 Sears Tower
Chicago, Illinois 60606-6360
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W.
Randolph Street,
11th
Floor
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk ofthe Pollution
Control Board the attached VOLUNTARY MOTION TO DISMISS COUNT IV of the
Complainant a copy ofwhich is herewith
served
upon you.
March 9, 2004
Office ofthe Attorney General
Environmental Bureau
188
W.
Randolph Street,
20th
Floor
Chicago, Illinois 60601
312 814-3532
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.
INTERMATIC INCORPORATED, a
Delaware corporation,
Respondent.
Christopher P.
Assistant Attorney General
BEFORE
THE
ILLINOIS
POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
MAR
092004
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
)
v.
)
PCBO4-13
)
(Enforcement-Air)
INTERMATIC INCORPORATED, a
)
Delaware corporation,
)
)
Respondent.
)
VOLUNTARY MOTION TO DISMISS COUNT IV
NOW COMES
Complainant, PEOPLE
OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State ofIllinois, and for its VOLUNTARY MOTION TO DISMISS
COUNT IV, pursuant to 35 Ill.
Adm.
Code
101.500, states as follows:
1.
The Complainant filedthe original complaint in this
matter on July 28, 2003.
The
complaint contained a Count IV.
This Count contained an allegation that the Respondent made
a major modification to a source withoutcomplying with New Source Review requirements,
in violation of415 ILCS
5/9(a),
35
Ill. Adm.
Code 203.201
and 203.203(a) &
(b).
This
allegation was based upon the Illinois EPA’s
understanding that the modification consisted of the
addition ofa heat-set printing press.
2.
The Complainant’s understanding ofthe nature of the press was mistaken.
The printing
press
in question was actually not a heat-set printing press.
As a result, the emissions from the
unit are likely less than the amount that would constitute a major modification as alleged.
3.
For this reason, the Complainant
is voluntarily moving to dismiss, without prejudice,
Count IV ofthe complaint.
The remaining counts in the complaint are unaffected.
WHEREFORE, the Complainant, PEOPLE OF
THE STATE OF
ILLINOIS, requests that
the Board dismiss Count IV without prejudice.
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS
By~~
Christopheij). Perzan
Assistant ~ttorney
Ge
Office ofthe Attorney General
Environmental Bureau
188
W.
Randolph Street,
20t1~Floor
Chicago, Illinois 60601
312-814-3532
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached VOLUNTARY MOTION TO
DISMISS COUNT IV, by U.S. Mail, upon the following persons:
Marili
McFawn
Schiff, Hardin &
Waite
6600 Sears Tower
Chicago, Illinois
60606-6360
Ch~ophe.Perzan~~
Assistant Attorney Ge~
Date: March 9, 2004
Office ofthe Attorney General
Environmental Bureau
188 W. Randolph Street,
20t11 Floor
Chicago, Illinois
60601
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street,
1 ~
Floor
Chicago, Illinois 60601