BEFORE THE ILLINOIS POLLUTION CONTROL BOARIF E
C E ~V E D
CLERK’S OFFICE
STATE OF ILLINOIS
)
Pollution
Control Board
NOTICE OF
FILING
To:
Bridget M.
Carlson
Dorothy M.
Gunn, Clerk
Office
of
the Attorney General
Illinois Pollution Control Board
188 W. Randolph St./20th floor
James R.
Thompson Center
Chicago, IlL
60601
100
W. Randolph St./Suite
11-500
Chicago, IL
60601
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite
11-500
100
W.
Randolph Street
Chicago, Illinois
60601
PLEASE TAKE NOTICE that I have today filed with the Clerk ofthe Illinois Pollution Control
Board my APPEARANCE and FELLOWES’ ANSWER TO COMPLAINT on behalf of
Respondent, Fellowes Manufacturing Company, a copy ofwhich is herewith served upon you.
FELLOWES MANUFACTURING COMPANY
By:
~
V
h1I~VVV
Susan V. Harris
One ofits
Attorneys
Date:
September 27, 2004
Susan V. Harris
Sidley Austin Brown & Wood LLP
10
S. Dearborn St.
Chicago, IlL
60603
Phone:
312-853-7000
Fax:
312-853-7036
PEOPLE
OF THE
STATE OF ILLINOIS,
)
)
Complainant,
)
SEP
27
2094
v.
)
PCB No.
04-193
)
(Enforcement-Air)
FELLOWES MANUFACTURING COMPANY,
)
alkla FELLOWES, INC.,
)
an Illinois corporation,
)
)
Respondent.
)
CH~3052398v1
This Filing is Submitted on Recycled Paper
RECE
WED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE
OF THE
STATE OF ILLINOIS,
)
SEP
272004
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
)
v.
)
PCBNo.04-193
)
(Enforcement-Air)
FELLOWES MANUFACTURING COMPANY,
)
alk/a FELLOWES, INC.,
)
an Illinois corporation,
)
)
Respondent.
)
APPEARANCE
I hereby file my appearance
in this proceeding,
on behalfofFellowes Manufacturing
Company.
By:
1/~1W~
V
Susan V. Harris
Susan
V. Harris
Sidley Austin Brown & Wood LLP
10
S. Dearborn
St.
Chicago, IL
60603
Phone: 312-853-7000
Fax:
312-853-7036
Date:
September 27, 2004
This Filing is Submitted on Recycled Paper
CHI
3052661v1
RECE~VED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
SEP
272004
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
)
v.
)
PCB
No.
04-193
)
(Enforcement-Air)
FELLOWES MANUFACTURING COMPANY,
)
alkla FELLOWES,
INC.,
)
an Illinois corporation,
)
)
Respondent.
)
FELLOWES’
ANSWER TO COMPLAINT
Respondent Fellowes Manufacturing Company, a.k.a. Fellowes,
Inc.
(“Fellowes”), through its attorneys, Sidley Austin Brown & Wood LLP, hereby provides its
Answer to the Complaint ofthe People ofthe State of Illinois (“State”) as follows:
COUNT I
FAILURE TO OBTAIN A CONSTRUCTION PERMIT
1.
This count is brought on behalfofthe PEOPLE OF THE
STATE
OF ILLINOIS,
by LISA MADIGAN, Attorney General ofthe State ofIllinois,
on her own motion and at the
request ofthe Illinois EPA, pursuant to Section
31
ofthe Illinois Environmental Protection Act
(“ACT”),
415 ILCS
5/31 (2002).
ANSWER:
Fellowes admits the allegations in paragraph
1.
This Filing
is Submitted on Recycled Paper
2.
The Illinois EPA is an agency ofthe State of Illinois created by the Illinois
General Assembly in
Section 4 of the Act, 415
ILCS
5/4
(2002), and charged
inter alia,
with the
duty of enforcing the Act.
ANSWER:
The allegations
in paragraph 2 contain conclusions oflaw to which no
response is
required.
3.
At
all
times relevant to this Complaint, Fellowes Manufacturing Company, alk!a
Fellowes,
Inc.
(“Fellowes”)
is and
was an Illinois corporation in good standing.
ANSWER:
Fellowes admits the allegations
in paragraph 3.
4.
At all times relevant to this complaint, Fellowes engaged in the manufacture,
assembly, and packaging ofoffice supplies, as well as the manufacture ofcardboard boxes with
or without printed images, at its manufacturing plant located at
1789 Norwood Avenue,
Itasca,
DuPage County,
Illinois (“facility”).
ANSWER:
Fellowes
admits that at all times relevant to this complaint,
it engaged
in the
manufacture, assembly,
and packaging of office supplies, as well as the manufacture of
corrugated boxes without printing or with minimal print coverage, at its plant located at
1789
Norwood Avenue, Itasca, DuPage County, Illinois (“facility”).
By way offurther answer,
Fellowes states that by approximately March 26, 2003,
it had ceased all injection molding
operation at its facility.
Fellowes denies all remaining allegations in paragraph 4.
The Filing is Submitted on RecycledPaper
2
5.
Fellowes began
operating its facility prior to
1990 on a date better known to it,
and from that time operations at the facility included
15
injection molding machines and two
flexographic printing lines.
Beginning in
1995,
Fellowes operated two additional flexographic
printing lines.
ANSWER:
Fellowes
admits that
it began operating its facility prior to
1990,
and that at
certain times its operations included
15
injections molding machines and two flexographic
printing lines.
Beginning in
1995,
it operated
a third flexographic printing line
and,
beginning in
1996,
it operated
a fourth flexographic printing
line.
6.
Fellowes’
operation ofits
15 injection molding machines and its
four flexographic
printing lines results
in the emission ofvolatile organic materials (“VOMs”),
also known as
volatile organic compounds (“VOCs”).
ANSWER:
Fellowes admits that the operation of its four flexographic printing lines result in
the emission ofsmall amounts ofVOMs.
By way offurther answer, Fellowes states that the
amount ofVOMs emitted from its flexographic printing lines are below the limits allowed under
applicable regulations.
In addition, the facility has consistently used water-based inks in
its
printing lines.
Fellowes
further admits that historic operation ofits injection molding machines
resulted in the emission ofsmall
amounts of VOMs.
By approximately March 26,
2003,
Fellowes had ceased all injection molding manufacturing operations at its facility.
Fellowes
denies any remaining allegations
in paragraph 6.
The Filing is Submitted on RecycledPaper
3
7.
Respondent’s operation of its facility is subject to the Act and the rules and
regulations promulgated by the Illinois Pollution Control Board (“Board”) and the Illinois EPA.
The Board’s regulations for air pollution are found
in Title 35,
Subtitle B,
Chapter I pfthe
Illinois Administrative Code (“Board Air Pollution Regulations”),
and the Illinois EPA rules and
regulations for air pollution are found in Title 35,
Subtitle B,
Chapter II of the Illinois
Administrative Code (“Illinois EPA Air Pollution Regulations”).
ANSWER:
The allegations in paragraph 7 contain conclusions of law to
which no response is
required.
8.
Sections 9(b) ofthe Act, 415 ILCS
5/9(b)
(2002), provide as follows:
No person shall:
b.
Construct, install, or operate any equipment facility,
vehicle, vessel or aircraft capable ofcausing or contributing to air•
pollution or designed to prevent air pollution, ofany type
designated by Board regulations,
without a permit granted by the
Agency, or in violation of any conditions imposed by such permit.
ANSWER:
The allegations in paragraph 8 contain conclusions oflaw to
which to response is
required.
9.
Section 201.142 ofthe Board Air Pollution Regulations,
35
Ill.
Adm.
Code
201.142, provides as follows:
No person shall cause or allow the construction ofany new
emission source ofany new air pollution control equipment, or
cause or allow the modification ofany existing emission source or
air pollution
control equipment, without first obtaining a
The Filingis Submittedon RecycledPaper
4
~
construction permit from the Agency,
except as provided in
Section 201.146 or Section 201.170(b) ofthis Part.
ANSWER:
The allegations in paragraph 9 contain conclusions of law to which no response is
required.
10.
Section
3.3 15
ofthe Act,
415 ILCS
5/3.3
15
(2002), contains the following
definition:
“PERSON” is any
individual, partnership, co-partnership,
firm,
company, limited liability
company, corporation, association, joint
stock
company, trust, estate,
political
subdivision, state agency or
any other legal entity, or their legal representative,
agent or
assigns.
ANSWER:
The allegations
in paragraph
10 contain conclusions of law to which no response
is required.
11.
Respondent Fellowes,
is a “person” as that term is defined in
Section 3.3 15 ofthe
Act, 415
ILCS
5/3.315(2002).
ANSWER:
Fellowes
admits the allegations in paragraph
11.
12.
Section 3.165 of the Act,
415 ILCS
5/3.165
(2002), provides as follows:
“Contaminant”
is any
solid,
liquid, or gaseous matter, any odor, or
any form of energy, from whatever source.
The Filing is Submitted on RecycledPaper
5
ANSWER:
The allegations in paragraph
12 contain conclusions of law to which no response
is required.
13.
VOM is a “contaminant” as that term is defined
in Section 3.165 of the Act, 415
ILCS
5/3.165 (2002).
ANSWER:
The allegations in paragraph
13
contain conclusions oflaw to which no response
is required.
14.
Section 201.102 ofthe Board Air Pollution Regulations,
35
Ill.
Adm. Code
201.102,
contains the following definitions:
“Emission source”: any equipment offacility of a type capable of
emitting specified air contaminants to the atmosphere.
“Specified air contaminant”: any air contaminant as to which this
Subtitle contains emission standards or other specific limitations
and any contaminant regulated in Illinois pursuant to Section
9.1 of
the Act.
ANSWER:
The allegations in paragraph
14 contain conclusions of law to
which no response
is required.
15.
VOM is a “specified air contaminant” as that term is defined in Section 201.102
ofthe Board Air Pollution Regulations,
35
Ill. Adm.
Code 201.102.
The Filing is Submitted on Recycled Paper
6
ANSWER:
The allegations in
paragraph
15
contain conclusions of law to which no response
is required.
16.
Fellowes’
15
injection molding machines and its four flexographic printing lines
are “emission sources”as
that term is defined in Section 201.102 ofthe Board Air Pollution
Regulations,
35
Ill.
Adm. Code 201.102.
ANSWER:
The allegations in paragraph
16 contain conclusions oflaw to which no response
is required.
17.
Fellowes, on
dates better known to it, installed four flexographic printing lines
and
15
injection molding machines in
its facility in the late
1980’s or early 1990’s.
ANSWER:
Fellowes admits that in the late
1980’s,
it installed two
flexographic printing lines
at its facility.
Fellowes further states that in approximately January
1995
it installed a third
flexographic printing
line,
and in approximately June 1996 it installed a fourth flexographic
printing
line.
Fellowes admits that it in the late
1980’s or early 1990’s, it installed approximately
15 injection molding machines at its facility.
Fellowes denies the remaining allegations
in
paragraph
17.
18.
Fellowes
did not obtain construction permits from the Illinois EPA prior to
installing any ofits
19 emission sources.
The Filing is Submitted on Recycled Paper
7
ANSWER:
Fellowes admits that it did not obtain air construction permits from the Illinois
Environmental Protection
Agency prior to installing its
four flexographic printing lines and
15
injection molding machines.
19.
By failing to obtain construction permits prior to the installation of its four
flexographic printing lines and
15
injection molding machines, Fellowes violated
Section 9(b) of
the Act,
415 ILCS
5/9(b)
(2002), and Section 201.142 ofthe Board Air Pollution Regulations,
35
Ill. Adm.
Code
201.142.
ANSWER:
The allegations
in paragraph
19 contain conclusions oflaw to which no response
is required.
COUNT II
FAILURE TO OBTAIN A STATE OPERATING PERMIT
1.
—
16.
Complainant realleges and incorporates by reference herein paragraphs
1
through 8 and paragraphs
10 through
17 of Count I as paragraphs
1 through
16 of this Count II.
ANSWER:
Fellowes reavers its answers to
paragraphs
1 through
8 and
10 through
17 of
Count I as its answers
to paragraphs
1
through 16 ofCount II.
17.
Section 201.143 ofthe Board Air Pollution Regulations, 35
Ill.
Adm. Code
201.143,
provides as follows:
The Filing is Submitted on RecycledPaper
8
No person shall cause or allow the operation ofany new emission
source or new air pollution
control equipment of a type for which a
construction permit is required by Section 201.142 without first
obtaining an operating permit from the Agency,
except for such
testing operations as may be
authorized by the construction permit.
Applications for operating permits shall be made at such times and
contain such information (in
addition to the information required
by Section 201.157) as shall be specified
in the construction
permit.
ANSWER:
The allegations in paragraph
17 contain conclusions oflaw to which
no response
is required.
18.
Since sometime prior to 1990, the actual dates being better known to Fellowes,
through April
1,
2003, Fellowes has been operating two flexographic printing lines and
15
injection molding machines without the required State operating permit.
ANSWER:
Fellowes admits that from between approximately sometime prior to
1990
through at least April
1, 2003,
it
operated two flexographic printing lines.
Fellowes also admits
that from between approximately sometime prior to 1990 through
approximately March 26,
2003, it operated
injection molding machines.
By way of further answer, Fellowes states that by
approximately March 26,
2003,
all
such operations at the facility had ceased.
Fellowes admits
that an air operating permit for its facility was issued on approximately April
1, 2003.
The
remaining allegations in paragraph
18 contain conclusions oflaw to
which no response is
required.
19.
From
1995
through April
1, 2003,
Fellowes
has been operating an additional two
flexographic printing lines without the required
State operating permit.
The Filing is Submitted on RecycledPaper
9
ANSWER:
Fellowes admits that beginning
in approximately January
1995,
it
operated a third
flexographic printing line.
Beginning in
approximately June 1996,
it began operating a fourth
flexographic printing
line.
Fellowes
admits that an air operating permit for these two additional
flexographic printing lines was issued on approximately April
1,
2003.
The remaining
allegations in paragraph
19 contain conclusions of law to which no response is required.
20.
By operating its
15
injection molding
machines and the four flexographic printing
lines without a
State operating permit until April
1,
2003, Fellowes violated Section 201.143 of
the Board Air Pollution Regulations,
35
Ill. Adm.
Code 201.143.
ANSWER:
The allegations
in
paragraph 20 contain conclusions of law to
which no response
is
required.
21.
By violating Section 201.143
of
the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 201.143, Fellowes violated
Section 9(b) ofthe Act,
415 ILCS
5/9(b) (2002).
ANSWER:
The allegations
in paragraph 21
contain conclusions oflaw to
which no response
is required.
The Filingis Submitted on RecycledPaper
10
COUNT ifi
FAILURE TO SUBMIT
A CLEAN
AIR
ACT PERMIT PROGRAM APPLICATION
1.
—
16.
Complainant realleges and
incorporates by reference herein paragraphs
1
through
8 and paragraphs
10 through
17 ofCount I as paragraphs
1 through
16 ofthis Count Ill.
ANSWER:
Fellowes
reavers its answers to paragraphs
1
through
8 and paragraphs
10 through
17 of Count I as
its answers to paragraphs
1 through
16 of Count III.
17.
Section
39.5(6)(b)
ofthe Act,
415 ILCS
5/39.5(6)(b) (2002), provides as follows:
b.
After the applicable CAAPP
permit or renewal application
submittal date, as specified in
subsection
5
of this Section, no
person shall operate a CAAPP source without a CAAPP permit
unless the complete CAAPP permit or renewal application for such
source has been timely submitted to the Agency.
ANSWER:
The allegations
in
paragraph
17 contain conclusions oflaw to
which
no
response
is required.
18.
Section
39.5(1)
ofthe Act, 415
ILCS
5/39.5(1)(2002),
contains the following
definition:
“Major source” means a source for which emissions ofone
or
more air pollutants meet the criteria for major status pursuant to
paragraph 2(c) ofthis Section.
The Filingis Submitted on RecycledPaper
11
ANSWER:
The allegations in paragraph
18 contain conclusions oflaw to which no response
is required.
19.
Section 39.5(2) (c) (iii)
(A) of the Act,
415 ILCS
5/39.5(2) (c) (iii) (A) (2002),
provides,
in pertinent part
as follows:
c.
For
purposes
ofthis
Section
the term “major source” means
any
source
that is:
A.
For
ozone nonattainment
areas,
sources with the
potential to emit
100
tons or more per year
ofvolatile
organic compounds
or oxides of
nitrogen
in
areas
classified
as
“marginal”
or “moderate”,
50 tons or
more per year
in
areas classified as
“serious”,
25
tons or more per year in
areas classified as “severe”,
and
10 tons or
more per year in
areas classified
as “extreme”...
ANSWER:
The allegations
in paragraph
19 contain
conclusions of
law
to
which
no response
is required.
20.
DuPage
County is designated as “severe” non-attainment for ozone.
ANSWER:
Fellowes
lacks
knowledge or
information
sufficient to form a belief
as to the truth
ofthe allegations in paragraph 20.
21.
Since at least March
1995, the effective date ofthe Clean Air Act Permit Program
(“CAAPP”), Fellowes has had the potential to emit
more
than 25
tons per year ofVOMs from its
facility.
The Filingis Submitted on Recycled Paper
12
ANSWER:
Fellowes states that since at least March
1995, the actual VOM emissions from its
facility have been significantly below 25 tons
per year.
Fellowes
denies
the remaining factual
allegations
in paragraph
21.
The
remaining
allegations ofparagraph 21
contain conclusions of
law to
which
no response
is required.
22.
Fellowes
facility is
a “major source” as that term is defined in Section
3 9.5(1) of
the Act,
415 ILCS
5/39.5(1) (2002).
ANSWER:
The allegations in paragraph 22 contain
conclusions of law to which no response
is required.
23.
As a major source, Fellowes was
required to submit a CAAPP permit application
to the Illinois
EPA no later than September
1995,but failed
to do
so until July
2002.
ANSWER:
Fellowes admits
that it submitted a CAAPP permit application to the Illinois
Environmental Protection
Agency on approximately July
12,
2002.
The remaining allegations in
paragraph 23
contain conclusions oflaw to which no
response is required.
24.
By failing to timely submit an
application for a CAAPP permit, Fellowes violated
Section 39.5(6)(b) ofthe Act,
415 ILCS 5/39.5(6) (b) (2002).
ANSWER:
The allegations in paragraph 24 contain conclusions of law to which no response
is required.
The Filing is Submitted on RecycledPaper
13
COUNT IV
CONSTRUCTION OF A MAJOR STATIONARY SOURCE
IN VIOLATION OF NEW SOURCE
REVIEW
1.
—
18.
Complainant realleges and incorporates by reference herein paragraphs
1
thorough
8
and paragraphs
10 through
18 of Count I, and paragraph 21
of Count III as
paragraphs
1
through
18 of this
Count
IV.
ANSWER:
Fellowes reavers its answers to paragraphs
1 through
8 and paragraphs
10 through
18
of Count I, and paragraph 21
ofCount Ill as its answers to paragraphs
1
through
18 ofCount
IV.
19.
Section 9(a) of the
Act, 415
ILCS
5/9(a) (2002), provides
as
follows:
No
person shall:
a.
Cause or threaten
or
allow
the discharge or
emission
ofany
contaminant
into the
environment
in any State so as to
cause
or
tend
to cause
air
pollution
in
Illinois,
either alone or in
combination with contaminants from
other
sources, or so as to
violate
regulations
or
standards
adopted by the Board under this
Act.
ANSWER:
The
allegations
in paragraph
19 contain conclusions of law to
which no response
is required.
20.
Section 203.201
of the
Board
Air Pollution Regulations,
35
Ill. Adm.
Code
203.20 1, provides,
in
pertinent part, as follows:
In any nonattainment area,
no person shall cause or allow the construction ofa
new major stationary source or major modification that
is major for
the pollutant for which the area is designated a nonattainment area,
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14
except as in compliance with this Part for that pollutant. In areas
designated nonattainment for ozone, this prohibition
shall apply to
new major stationary sources ofmajor modifications ofsources
that emit volatile organic material or nitrogen oxides....
ANSWER:
The allegations
in
paragraph 20 contain conclusions
of law to
which no response
is
required.
21.
Section 203.206(b) (1) (C)
of
the Board Air Pollution Regulations,
35111.
Adm.
Code 203.206(b)
(1) (C),
provides,
in pertinent
part,
as
follows:
b.
The following constitute a major stationary source:
1.
For
an area designated as nonattainment for ozone, a major
stationary source is a stationary source which emits or has the
potential to emit volatile organic material in
amount equal to or
greater than the following:
*
*
*
C.
25
tons per year in an area classified as severe
nonattainment
for
ozone...
ANSWER:
The
allegations
in
paragraph 21
contain conclusions
of
law
to
which
no response
is required.
22.
Sometime during
1995,
on dates better known to it, Fellowes constructed two
flexographic printing lines each with the potential to emit greater than 25
tons per year of the
contaminant VOM.
ANSWER:
Fellowes admits that in approximately January
1995,
it installed a new
flexographic printing line at its facility.
Fellowes
additionally states that in approximately June
1996, it installed another
new
flexographic printing line.
Fellowes denies the remaining factual
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15
allegations
in paragraph 22.
The
remaining allegations
of paragraph
22 contain conclusions
of
law
to
which
no response
is required.
23.
The addition ofFellowes’ two
additional flexographic printing lines created a
potential net emissions increase of 101 tons
per year of the contaminant VOM.
ANSWER:
Fellowes denies the factual allegations
in paragraph 23.
The remaining
allegations of paragraph 23
contain conclusions oflaw to which no response is required.
24.
The two flexographic printing lines constructed by Fellowes are major stationary
sources as that term is defined in
Section 203 .206(b) (1) (C).
ANSWER:
The allegations in paragraph 24 contain conclusions
of law to
which
no
response
is
required.
25.
Fellowes
constructed
two major stationary sources without first obtaining a
construction permit and
without demonstrating compliance with the Board’s regulations
pertaining to New Source Review in violation of Section 203.201
ofthe Board Air Pollution
Regulations, 35
Ill.
Adm. Code 203.201.
ANSWER:
Fellowes
denies the factual allegations
in
paragraph
25.
The remaining
allegations
in paragraph 25
contain conclusions of law to which no
response
is required.
26.
By
violating
Section 203.20 1
ofthe Board Air
Pollution
Regulations,
35
Ill.
Adm.
Code 203.201, Fellowes
violated
Section
9(a) ofthe Act,
415 ILCS 5/9(a)
(2002).
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16
ANSWER:
The allegations in paragraph 26 contain
conclusions oflaw to which no response
is required.
COUNT V
FAILURE TO SUBMIT ANNUAL EMISSIONS REPORTS
1.
—
17.
Complainant realleges and incorporates by reference herein paragraphs
1
through 8 and paragraphs
10 through
17 of Count I, and paragraph 19 ofCount IV as paragraphs
1 through
17 of this Count V.
ANSWER:
Fellowes reavers its
answers to paragraphs
1
through
8 and paragraphs
10 through
17 ofCount I, and
paragraph 19 of Count IV as its answers to paragraphs
1
through
17 of Count
V.
18.
Section 201.302(a) ofthe Board Air Pollution Regulations, 35
Ill.
Adm.
Code
201.302(a),
provides as follows:
a.
The owner or operator ofany emission unit or air pollution
control equipment,
unless specifically exempted in this Section,
shall
submit to the Agency as a minimum, annual reports detailing
the nature, specific
emission units and total
annual quantities of all
specified air contaminant emissions; provided, however, that the
Agency may require more frequent reports where necessary to
accomplish the purposes ofthe Act
and this Chapter.
ANSWER:
The allegations in paragraph
18
contain conclusions oflaw to which no response
is required.
The Filingis Submitted on RecycledPaper
17
19.
Section
254.132(a) ofthe Illinois EPA Air Pollution Regulations,
35
Ill.
Adm.
Code 254.132(a),
provides as follows:
a.
Failure to file a complete Annual Emissions Report by the
applicable deadlines prescribed
in Section 254.137(a) ofthis
Subpart shall be a violation ofthis Part and 35 Ill.
Adm.
Code
201.302(a).
ANSWER:
The allegations in paragraph
19 contain conclusions oflaw to which
no response
is required.
20.
Since
1992, Fellowes as an owner operator, has been required to submit Annual
Emissions Reports (“AERs”) to the Illinois EPA by
May
1
ofeach year.
ANSWER:
The allegations in paragraph 20
contain conclusions of law to which no response
is required.
21.
Fellowes failed to submit AERs for calendar years
1992 through 2001,
until
October
14,
2002.
ANSWER:
Fellowes admits that on approximately July
12, 2002,
it submitted AERs for
calendar years
1992 through 2001.
Fellowes denies the remaining allegations in paragraph 21.
22.
By failing to timely submit AERs for the calendar years
1992 through 2001,
Fellowes violated Section 20 1.302(a) ofthe Board AirPollution Regulations,
35
Ill. Adm.
Code
201.302(a) and
Section 254.132(a) of the Illinois EPA Air Pollution Regulations,
35
Ill.
Adm.
Code 254.132(a).
The Filing is Submitted on RecycledPaper
18
ANSWER:
The
allegations in paragraph 22 contain conclusions of law to which no response
is required.
23.
By violating Section
20 1.302(a) of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 201.302(a) ofthe Illinois Air Pollution Regulations,
35 Ill.
Adm.
Code 254.132(a),
Fellàwes violated Section
9 (a) ofthe Act, 415 ILCS
9(a).
ANSWER:
The allegations
in paragraph 23
contain conclusions of law to which no response
is required.
RESERVATION OF
RIGHT
IN CONNECTION WITH SEPARATE DEFENSES
Fellowes
reserves the right to assert separate defenses as discovery proceeds in
this case.
*
*
*
*
*
Dated this
27th
day of September, 2004.
By:
______________
One ofthe Attorneys for Fellowes, Inc.
Susan V. Harris
SIDLEY AUSTIN BROWN & WOOD LLP
Bank One Plaza
10
South Dearborn
Chicago, Illinois
60603
(312) 853-7000
The Filing is Submitted on Recycled Paper
19
CERTIFICATE OF SERVICE
I, Susan V.
Harris, an attorney, certify that I have served the attached NOTICE OF FILING,
APPEARANCE, and FELLOWES’ ANSWER TO COMPLAINT, on September 27,
2004 as
follows:
Via
hand delivery to:
Bridget M.
Carlson
Office ofthe Attorney General
188 W. Randolph Street
20th
floor
Chicago, Illinois
60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center, Suite 11-500
100
W.
Randolph Street
Chicago, Illinois
60601
Dorothy M. Gunn,
Clerk
(ten copies)
Illinois Pollution Control Board
James R.
Thompson Center, Suite
11-500
100
W.
Randolph Street
Chicago, Illinois
60601
V
F’~-à
This Filing is Submitted on Recycled Paper
CHI
3052406v1
