ILLINOIS POLLUTION CONTROL BOARD
    January 9, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    GEON CORPORATION,
    a Delaware Corporation,
    Respondent.
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    PCB 97-62
    (Enforcement - Air)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on complainant’s November 26, 1996 motion to strike
    Geon Corporation’s (Geon) alleged affirmative defenses. In its motion to strike complainant
    argues, generally, that Geon’s defenses are not affirmative defenses because they are
    insufficiently pled and they do not constitute facts but are merely legal conclusions. In
    addition, complainant contends that claims of mitigating factors are not “affirmative” defenses
    and should be stricken. Geon filed a response on December 13, 1996 requesting the Board to
    deny complainant’s motion.
    The Board agrees that the five defenses contained in Geon’s answer are not affirmative
    defenses. Nevertheless, they generally involve facts and defenses which Geon can present at
    hearing. Therefore, the Board denies complainant’s motion to strike; this matter shall proceed
    to hearing.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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