ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—260
    (Enforcement)
    COMPONENTS CORPORATION OF AMERICA,
    )
    a New York corporation,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by E. Dunham):
    This matter comes before the Board on a “Notion to Strike
    Affirmative Defenses” filed on November 14, 1994 by complainant.
    Components Corporation of America filed a response to the motion
    on November 21, 1994.
    Complainant claims that respondent failed to comply with the
    rules of pleadings as set out in the Illinois Code of Civil
    Procedure (735 ILCS 5/2 613(d) (1992)) when filing its
    affirmative defenses. Complainant contends that the affirmative
    defenses are not supported by fact and are merely legal
    conclusions. Complainant claims that the affirmative defenses
    should be stricken due to the failure to comply with procedural
    rules.
    In its response, respondent maintains that the affirmative
    defenses satisfy the requirements set forth in the Illinois Code
    of Civil Procedure. Respondent also references Fitzpatrick v.
    City of Chicago (1986), 112 Ill. 2d 211, 217, which provides that
    “no pleading is bad in substance which contains such
    information as reasonably informs the opposite party of the
    nature of the claim or defense which he or she is call upon to
    meet.”
    Section 101.100 of the Board’s procedural rules specifically
    states that the Code of Civil Procedure shall not expressly apply
    to proceedings before the Board; however, parties may argue the
    applicability absent a provision in the Board’s procedural rules.
    35 Ill. Adm. Code 101.100. Neither party has presented any
    arguments to the Board on the applicability of the requirements
    of the Code of Civil Procedure to the filing of affirmative
    defenses.
    Section 103.122(d) allows the filing of an affirmative
    defense with the answer or supplemental answer prior to hearing:
    Respondent may file an answer within 30 days of receipt
    of the complaint. All material allegations of the
    complaint shall be taken as denied if not specifically
    2
    admitted by answer, or if no answer is filed. Any facts
    constituting an affirmative defense which would be likely to
    take the complainant by surprise must be plainly set forth
    prior to hearing in the answer or supplemental answer filed
    pursuant to section 103.210(b).
    The Board denies the complainant’s motion to strike the
    affirmative defenses. The affirmative defenses asserted by
    respondent in its answer assert facts “constituting an
    affirmative defense which would be likely to take complainant by
    surprise”. The Board finds that the affirmative defenses are
    properly filed in this matter and should not be stricken.
    IT IS SO ORDERED.
    Board Member 3. Yi abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /
    ‘~‘
    day of
    ,
    1994, by a vote of
    I ~
    Dorothy M./’4unn, Clerk
    Illinois ~llution Control Board

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