BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
)
R
CLERK'S
E'C E
OFFICE
IV E D
NOV 15 2006
Complainant,
)
STATE OF ILLINOIS
Pollution Control Board
v.
)
PCB 07-16
(Enforcement)
CSX TRANSPORTATION, INC.,
)
a Virginia corporation,
)
Respondent .
)
NOTICE OF FILING
To :
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
Illinois Attorney General's Office
500 South Second Street
Springfield, IL 62706
Carol Webb, Hearing Officer
Dorothy M . Gunn
Illinois Pollution Control Board
Illinois Pollution Control Board
1021 North Grand Avenue East
James R. Thompson Center
Post Office Box 19274
100 West Randolph Street, Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of
the Pollution Control Board the RESPONDENT'S ANSWER and AFFIRMATIVE DEFENSES
of CSX Transportation, Inc . in the above-titled matter. A copy is hereby served upon you
.
DATED:
November 15, 2006
MCGUIREWOODS LLP
77 West Wacker Drive, Suite 4100
Chicago, Illinois 60601
(312) 849-8100
David L. Rieser
One of its Attorneys
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V .
CSX TRANSPORTATION, INC
.,
a Virginia corporation,
Respondent
.
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
RER
,EovED
NOV 1 5 2006
Pollution
STATE OFControl
ILLINOIS
Board
PCB 07-16
(Enforcement)
ANSWERand
AFFIRMATIVE DEFENSES
NOW COMES Respondent, CSX Transportation, Inc
.
("CSXT"), by and through its
attorneys, McGuireWoods LLP, and for its Answer and Affirmative Defenses states and alleges
as follows
.
COUNT I
Water Pollution
1 .
This allegation states a legal conclusion and no further answer is required
.
2 .
This allegation states a legal conclusion and no further answer is required
.
3 .
CSXT admits the allegations of Paragraph 3
.
4 .
CSXT denies the allegations of Paragraph
4
and states that the IEPA incident
report
#20040651
speaks for itself
.
5 .
CSXT
admits the allegations of Paragraph
5 .
6 .
CSXT denies the allegations of Paragraph
6
and states that Proposal speaks for
itself.
7 .
CSXT admits the letter was sent but denies the remaining allegations of Paragraph
7 and states that the letter speaks for itself
.
8 .
CSXT denies the allegations of Paragraph 8
.
2
9 .
CSXT denies the allegations of Paragraph 9 and states that the document speaks
for itself
10.
CSXT denies the allegations of Paragraph 10 and states that the document speaks
for itself.
11 . CSXT denies the allegations of Paragraph 11 .
12. CSXT admits the allegations of Paragraph 12 .
13.
CSXT admits that the Illinois EPA sent Violation Notice, L-2005-01001 to CSXT
but denies all other allegations in Paragraph 13 and states that the Violation
Notice speaks for itself
14.
CSXT denies the allegations of Paragraph 14 .
15.
CSXT admits the allegations of Paragraph 15 .
16.
CSXT denies the allegations of Paragraph 16
.
17.
CSXT denies the allegations of Paragraph 17 .
18.
This allegation states a legal conclusion and no further answer is required
.
19.
This allegation states a legal conclusion and no further answer is required .
20.
This allegation states a legal conclusion and no further answer is required .
21 .
CSXT denies the allegations of Paragraph 21 .
22.
CSXT denies the allegations of Paragraph 22 .
23 .
CSXT denies the allegations of Paragraph 23 .
Wherefore, CSXT respectfully requests the Board to deny all relief requested by the
Complainant.
COUNTII
Water Pollution Hazard
1 -21
. CSX restates and incorporates by references its answers to Paragraphs I - 21 of
Count I as Paragraphs 1 - 21 of this Count II as though fully stated herein
.
22.
This allegation states a legal conclusion and no further answer is required .
3
23 . CSXT denies the allegations of Paragraph 23 .
24 .
CSXT denies the allegations of Paragraph 24 .
Wherefore, CSXT respectfully requests the Board to deny all relief requested by the
Complainant.
COUNT III
Open Dumping
1 - 16. CSX restates and incorporates by references its answers to Paragraphs I - 16 of
Count I as Paragraphs 1 - 16 of this Count III as though fully stated herein .
17.
This allegation states a legal conclusion and no further answer is required .
18.
This allegation states a legal conclusion and no further answer is required .
19.
This allegation states a legal conclusion and no further answer is required .
20.
CSXT denies the allegations of Paragraph 20 .
21 .
CSXT denies the allegations of Paragraph 21 .
Wherefore, CSXT respectfully requests the Board to deny all relief requested by the
Complainant.
AFFIRMATIVE DEFENSES
1 .
The State has no basis to request the Board to order to CSXT to "cease and desist
from further violations of the Act" and the Board has no basis to order to CSXT to
"cease and desist from further violations of the Act" since CSXT met with the
Illinois Attorney General's Office and the Illinois EPA prior to the filing of this
complaint and CSXT submitted documents demonstrating that the release has
been completely addressed and that there are no violations of the Illinois
Environmental Protection Act .
2 .
The State has no basis to request the Board to impose a civil penalty on CSXT
and the Board has no basis to impose a civil penalty on CSXT since CSXT met
with the Illinois Attorney General's Office and the Illinois EPA prior to the filing
4
of this complaint and CSXT submitted documents demonstrating that the release
has been completely addressed and that there are no violations of the Illinois
Environmental Protection Act
.
3 .
Plaintiffs
allegations that CSXT failed to respond
to
Illinois EPA
communications do not constitute a violation of the Illinois Environmental
Protection Act . (Complaint, Count I, Paragraphs 8, 11, 14, 16 .)
4.
The Board has no jurisdiction to penalize CSXT with regard to the release alleged
in the complaint . CSXT's operations are regulated solely by the federal
government pursuant to the Federal Railroad Safety Act, 45 U
.S.C. § 20101 et
seq. and the Interstate Commerce Commission Termination Act, 49 U .S .C . §
10101 et seq . Any fault or penalties associated with the release alleged in the
complaint could only be assessed pursuant to that statute .
Wherefore, CSXT respectfully requests that the Board dismiss this complaint with
prejudice.
Respectfully submitted,
CSX TRANSPORTATION, INC .
avi
. ieser
One of its Attorneys
Dated : November 15, 2006
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Telephone: 312/849-8100
5
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
v.
)
PCB 07-16
(Enforcement)
CSX TRANSPORTATION, INC .,
)
a Virginia corporation,
)
Respondent.
)
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Respondent's Answer and
Affirmative Defenses upon those listed on the attached Notice of Filing by first class mail,
postage affixed .
Respectfully submitted,
Dated: November 15, 2006
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Telephone
: 312/849-8100
#4261786 (v .1)
.doc
6
avid L.
ser
One of its Attorneys
