REC~1V~D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
JAN 192005
by LISA MADIGAN, Attolney
)
STATE OF
~LLtNOIS
General of the State of Illinois
poL1ut~onContr0~0~
Complainant,
v.
)
No. PCB 05-32
GTC, INTERNATIONAL,
an Illinois corporation,
Respondent.
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that on January 19, 2005, the People of
the State of Illinois filed with the Illinois Pollution Control
Board a MOTION TO DEEM ALL MATERIAL FACTS ADMITTED AND MOTION FOR
SUMMARY JUDGMENT, true and correct copies of which are attached
and hereby served upon you.
Respectfully submitted,
LISA MADIGAN
Attorney General
State of Illinois
BY:
J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 50601
(312) 814-6986
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Ms. Maureen Wozniak, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
president. and/or Chief Executive Officer
GTC International, Inc.
1121 W. Warner Blvd.
Tempe, AZ 85284
RECE~VE~,
CLERK’S OFFI
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 192005
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
)
STATEOFILLINOjS
General of the State of Illinois
)
Pollution
Control Board
Complainant,
v.
)
No. PCB 05-32
GTC, INTERNATIONAL,
an Illinois corporation,
Respondent.
MOTION TO DEEM ALL MATERIAL FACTS ADMITTED
AND MOTION FOR SITh~MARY JUDGMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, requests that
the Illinois Pollution Control Board (“Board”) grant, pursuant to
Sections 103.204 and 101.516 of the Board’s regulations, 35 Ill.
Adm. Code 103.204 and 101.516, Complainant’s motion to deem all
material facts alleged against Respondent GTC, INTERNATIONAL, to
be admitted, and to grant summary judgment in favor of
Complainant, and against Respondent on Counts I through X of the
Complaint. In support thereof, Complainant states as follows:
1. This action was brought on behalf of the People of the
State of Illinois by LISA MADIGAN, Attorney General of the State
of Illinois, on her own motion, and upon the request of the
Illinois Environmental Protection Agency (“Illinois EPA”)
pursuant to Section 31 of the Illinois Environmental Protection
Act (“Act”)
,
415 ILCS 5/31 (2002)
1
2. Complainant filed its complaint on August 18, 2004.
Complainant sent the filed complaint via certified mail to Mr.
Gerald Tenner, then acting as attorney for Respondent.’ No
answer was filed.
3. Although Mr. Tenner filed nothing with the Board to so
indicate, Mr. Tenner told Complainant’s counsel that he has
withdrawn representation as counsel for Respondent. Mr. Tenner
has not participated in this matter since a telephone conference
call with the Hearing Officer and Complainant’s counsel on
September 30, 2004.
4. Section 101.400 of the Board’s Regulations, 35 Ill.
Adm. Code 101.400, states, in pertinent part:
a) Appearances
*
*,
*
2) When appearing before the Board, any
person other than individuals must
appear through an attorney at law
licensed and registered to practice law
(Section 1 of the Corporation Practice
of Law Prohibition Act 705 ILCS 220/1
and Section 1 of the Attorney Act 705
ILCS 205/li
5. In order to appear before the Board, and before it can
file any pleadings with the Board, Respondent needs to secure the
representation of an attorney.
6. On October 29, 2004, Complainant sent a certified
letter to the President and/or Chief Executive Officer of
Respondent advising Respondent of the consequences of failure to
1The green card indicating that Complainant served Mr. Tenner with a copy of
the complaint is attached as Exhibit A.
2
secure7. legalTherepresentation.certified
letter2 was returned directing that mail
for Respondent8.
On Novembershould
be9,
2004,sent
toComplainantan address
sentin
Tempe,a
certifiedArizona.3
letter similar to the October 29 letter to Respondent at its
Office in Tempe, Arizona.4 The green card attached to the
certified letter was signed and returned to Complainant’s
attorney.
9. Since Mr. Tenner withdrew representation of Respondent
in this matter, no other attorney has entered an appearance on
behalf of Respondent as of January 19, 2005. Respondent has not
filed an answer nor otherwise plead to the Complaint as of
January 19, 2005.
10. Section 103.204 of the Board’s Regulations, 35 Ill.
Adm. Code 103.204, provides, in pertinent part, as follows:
(d) Except as provided in subsection (e) of
this Section, the respondent may file an
answer within 60 days after receipt of the
complaint if respondent wants to deny any
allegations in the complaint. All material
allegations of the complaint will be taken as
admitted if no answer is filed or if not
specifically denied by the answer, unless
respondent asserts a lack of knowledge
sufficient to form a belief. Any facts
constituting an affirmative defense must be
plainly set forth before hearing in the
answer or in a supplemental answer, unless
the affirmative defense could not have been
known before hearing.
2Attached as Exhibit B.
3Attached as Exhibit C.
4Attached as Exhibit D.
~Attached as Exhibit E.
3
11. As of the date of filing this Motion, fifty-seven (57)
days have passed since the green card was signed by a
representative of Respondent. More significantly, five (5)
months have passed since.the Complaint was filed.
12. Complainant therefore requests that the Board find,
pursuant to 35 Ill. Adm. Code 103.204, that all material
allegations of the complaint are deemed to be admitted by
Respondent.
13. In the Complaint, Complainant sufficiently allegesthe
following violations of the Act against Respondent:
Count I Construction of an emissions source without a
permit in violation of Sections 9(b) of the Act,
415 ILCS 5/9(b) (2002), and Section 201.142 of the
Board Air Pollution Regulations, 35 Ill. Adm. Code
201.142
Count II Failure to timely submit a Clean Air Act Permit
Program application in violation of Section
39.5(6) (b) of the Act, 415 ILCS
5/39.5(6) (b) (2002), and Section 9(b) of the Act
Count III Failure to demonstrate compliance with New Source
Review requirements in violation of Section
203.302 (a) (1) (D) of the Board Air Pollution
Regulations, 35 Ill. Adm. Code 203.302(a) (1) (D),
and Section 9(a) of the Act, 415 ILCS 5/9(a)
(2002)
Count IV Violation Of NSR requirements in violation of
Sections 9(a) of the Act and Section 203.201 of
the Board Air Pollution Regulations, 35 Ill. Adm.
Code 203.201
Count V Construction of a New Major VOM Source without a
permit in violation of 9(a) of the Act and Section
203.203(a) of the Board Air Pollution Regulations,
35 Ill. Adm. Code 203.203 (a)
Count VI Failure to timely submit An Emissions Market
Reduction System (ERMS) application in violation
4
of Section 9(a) of the Act and Section 205.310 of
the Board Air Pollution Regulations, 35 Ill. Adm.
Code 205.310
Count VII Use of noncompliant coatings (permit violation) in
violation of Sections 9(b) of the Act and
Condition 2 of Operating Permit No. 99030044
Count VIII Use of noncompliant coatings (regulatory
violation) in violation of Sections 9(a) of the
Act and Section 218.926(b) (1) of the Board Air
Pollution Regulations, 35 Ill. Adm. Code
218.926(b)
Count IX Submission of inaccurate Annual Emission Reports
in violation of Section 254.303 of the Illinois
EPA’s Air Pollution Regulations, 35 Ill. Adm. Code
254.303; Section 201.302(a) of the Board Air
Pollution Regulations, 35 Ill. Adm. Code
201.302(a); and Section 9(a) of the Act
Count X Submission of inaccurate Seasonal Emission Reports
in violation of Section 254.132(b) of the Illinois
EPA’s Air Pollution Regulations, 35 Ill. Adm. Code
254.132(b), Section 205.300 of the Board Air
Pollution Regulations, 35 Ill. Adm. Code 205.300;
and Section 9(a) of the Act
14. Section 101.516 of the Board’s Regulations, 35 Ill.
Adm. Code 101.516 provides, in pertinent part, as follows:
b) 1f the record, including pleadings,
depositions and admissions on file, together
with any affidavits, shows that there is no
genuine issue of material fact, and that the
moving party is entitled to judgment as a
matter of law, the Board will enter summary
judgment.
15. If the Board finds that all material allegations are
deemed admitted pursuant to 35 Ill. Adm. Code 103.204, no
material issue of fact will remain. Complainant is therefore
entitled to summary judgment pursuant to 35 Ill. Adm. Code
101.516.
5
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board issue an order in favor of
Complainant and against Respondent:
a. Deeming all material allegations in the Complaint to be
admitted;
b. Granting summary judgment, in favor of Complainant and
against Respondent, on Counts I through X of the Complaint;
c. Setting a date for hearing on the issue of penalties in
this matter, or setting a deadline for Complainant to submit a
brief on the issue of penalties in this matter, or assessing
against Respondent a penalty of $50,000 for each and every
violation of the Act, the Board’s regulations, andany operating
permit provisions alleged in the Complaint, and an additional
penalty of $10,000 for each day that the violations continued;
d. Requiring Respondent to take all steps necessary to
abate the violations of the Act and the Board’s regulations;
e. Requiring Respondent to cease and desist from further
violations of the Act, the Board’s Regulatibns, and its operating
permit;
f. Requiring Respondent to pay Complainant’s costs,
including reasonable attorney, consultant, and expert witness
fees; and
g. Granting such other relief as the Board deems
appropriate and just.
6
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MA.DIGAN, Attorney
General of the State f Illinois
By:
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Fl.
Chicago, Illinois 60601
(312)
814-6986
G:\EnVirOfllflefltal Enforcement\JOEL\CaSe Documents\GTC Int\Motion for SJ.doc.rtf
7
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• Attach this card to the back of the mailpiece,
or on the front if space permits.
Mr. Gerald Tenner, Esq.
Marks, Marks & Kaplan
120 N. LaSalleSt.. Suite.3200
chicago, Ilinois 60602
1. ArtIcle Addressed to:
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by
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PS Form 3811, July 1999
Domestic Return Receipt
1o2595-99-M-17~
SENDER:
COMPLETE THIS SECTION
COMPLETE THIS SECTION
ON
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/
1
OFFICE OF THE
ATTORNEY GENERAL
•
STATE OF ILLINOIS
Lisa Madigan
October 29, 2004
ATTORNEY GENERAL
President
and/or Chief
Executive Officer
GTC International, Inc.
6401 W.
65th
Street
•
Bedford
Park, IL
60638
facsimile (708) 594-1476
via certified US Mail andfacsimile
Re:
Peoplev. GTC International Inc.: Pollution Control Board Docket No. 05-32
To• whom it may concern,
On August 18, 2004 the People ofthe State ofillinois filedthe above-referenced matterbefore
the illinois Pollution Control Board. The complaint against GTC International Inc. (“GTC”) concerns
several air pollution violations ofthe illinois Environmental Protection Act (“Act”), illinois EPA
regulations, Illinois Pollution Control Board (“Board”) regulations, and GTC’s air permit
related to
operations at a facility lOcated at 6401 W.
65th
Street, Bedford Park, Illinois.
Gerald Tenner of
Marks, Marks
& Kaplan in Chicago was counsel for GTC in this
matter but has
informed
me that he no longer represents GTC. Please have another attorney who represents GTC
contact me as soon as possible to discuss this
matter with
me.
Ifno other attorney contacts me on behalf ofGTC at the address or telephone number below by
November 16, 2004,1 will assume that GTC will not be represented by counsel in this matter. At that
point or soon thereafter, Iwill file a motion for default against GTC before the Board. Please bear in
mind that violations ofthe Act and the Board regulations entail penalties ofup to $50,000 per violation
and
$10,000 per
day that
eachviolation ensues.
•
Sincerely,
•
~ii
~
~“c~
•
Joel
Sternstein
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street,
20th
Floor
•
•
Chicago, illinois 60601
•
•
•
(312)814-6986
Cc:
Maureen Wozniak, Illinois EPA
Diyision. of
Legal
Counsel, Springfield
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
• Fax:
(217) 782-7046
•
. . ,
1~1’~~01,1
~nn,, •
TTV. (~1~
R1~L~74
• 1Z’,ix
(3121 R14-3806
LISA
MADIGAN
I
~
.•
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ATI’ORNEY
GENERAL
I
STATE
OF
ILLINOIS
lC,JL
I
•
7002
2030
0003
1510
6703
•
resident
prdl
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Chief
Executive
Officer
•
•
•
GT
terna
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Inc.
L,J
6401
W.
Stree
1
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Bedford
ark,
60638
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EXHIBIT
•
OFFICE OF THE A1TORNEY GENERAL
-
STATE OF ILLINOIS
Lisa Madigan
-
November 9, 2004
ATTORNEY GENERAL.
President
and/or
Chief
Executive Officer
GTC
International, Inc.
1121W.
Warner
Blvd.
•
-
Tempe, AZ 85284
via cert~/IedUS Mail
Re:
People
v. GTC International Inc.: Pollution Control Board DocketNo. 05-32
To whom it may
concern,
On August 18, 2004 the People ofthe State ofIllinois filed the above-referenced matter before
the Illinois Pollution Control Board. The complaint against GTC International Inc. (“GTC”) concerns
seyeral
air
pollution violations ofthe Illinois Environmental Protection Act (“Act”), Illinois EPA
regulations, Illinois Pollution Control Board (“Board”) regulations, and GT~C’sair permitrelated to
operations at a facilitylocated at 6401 W.
65th
Street, Bedford Park, illinois.
Gerald Tenner ofMarks, Marks & Kaplan in Chicago was counsel for GTC in this matter but has
informed me that he no longer represents GTC. Please have another attorney who represents GTC
contact me as soon as possible to discuss this matter with me.
Ifno other attorney contacts me on behalfofGTC at the address ortelephone numberbelow by
November 18, 2004, I will assume that GTC will not be represented by counsel in this matter. At that
point
or soon
thereafter, I will file a motion for default against GTC before the Board. Please bear in
mind that violations ofthe Aàt and the Board regulations entail penalties ofup to $50,000 per violation
and $.l 0,000 per day that eachviolation ensues.
incere y,
Joel
Sternstein
•
Assistant Attorney General
•
Environmental Bureau North
188 West Randolph Street, 2O~~Floor
•
Chicago, Illinois 60601
(312)814-6986
Cc:
Maureen Wozniak, Illinois EPA Division of Legal Counsel, Springfield
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax:(217)782-7046
‘a..
I
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to
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Signature______
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by
(Printed
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0003
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66~0
PS
Form
3811,
August
2001
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Receipt
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Addressed
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President
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Chief
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Officer
GTC
International,
Inc.
1121
W.
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Blvd.
Tempe,
AZ
85284
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102595-02-M-1540
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.~-
CERTIFICATE OF SERVICE
I, JOEL J. STERNSTEIN, an Assistant Attorney General,
certify that on the 19th day of January 2005, I caused to be
served by.LT.S. Mail the foregoing MOTION TO DEEM ALL MATERIAL
FACTS ADMITTED AND MOTION FOR SUIVIMARY JUDGMENT to the parties
named on the attached service list, by depositing same in postag~
prepaid envelopes with the United States Postal Service located
at 100 West Randolph Street, Chicago, Illinois 60601.
JOEL J. STERNSTEIN
