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