IN THE MATTER OF:
)
)
Petition ofNoveon, Inc.
)
for an Adjusted Standard from
35
Iii. Adm. Code 304.122
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson
Center
100 West Randolph Street
Suite 11-500
Chicago, IL
60601
Deborah Williams
Assistant Counsel
Division ofLegal Counsel
Illinois Environmental Protection
Agency
1021 N. Grand Avenue East
Springfield,
IL
62794-9276
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL
60601
PLEASE
TAKE
NOTICE
that
on
Friday,
February
6,
2004,
we
filed
the
attached
Motion To Incorporate Transcript From PCB
91-17 with
the Illinois
Pollution Control
Board,
a
copy ofwhich is herewith served upon you.
Respectfully submitted,
NOVEON, INC.
Richard J. Kissel
Mark Latham
Sheila H. Deely
GARDNER CARTON & DOUGLAS
LLP
191 N. Wacker Drive-
Suite 3700
Chicago, IL
60606
By:
One ofIts Attornep”
RECE~VED
CLERK’S OFFICE
FEB
-
62004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOA!~ATE
OF ILLINOIS
Pollution Control
Board
)
ASO2-5
)
)
)
NOTICE OF FILING
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RI~C~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARPEB
-62004
IN THEMATTER OF:
)
STATE OF ILLINOIS
Pollution
Control
Board
Petition ofNoveon, Inc.
)
)
AS 02-5
)
for an Adjusted Standard from
)
35111. Adm. Code 304.122
)
MOTION TO INCORPORATE
TRANSCRIPT
FROM PCB 91-17
Noveon, Inc., hereby moves to incorporate the transcript from Noveon, Inc. v. Illinois
Environmental Protection Agency, PCB 91-17 (NPDES Permit Appeal), into the record for
Noveon’s pending adjusted standard proceeding.
In support thereof, Noveon states as follows:
1.
A hearing on Noveon’s NPDES permit appeal was held on November 19,
1991
in
the Marshall County courthouse.
At that hearing, testimony was taken from the following
witnesses called by Noveon:
Ken Willings, then Senior Manager ofHealth, Safety and
Environmental forthe specialty polymers and chemicals division ofBF Goodrich, which is now
known as Noveon; and Richard Pinneo, ofIllinois EPA’s Bureau ofWater, and Tim Kiuge, also
ofIllinois EPA’s
Bureau of Water.
Id.
2.
Noveon moves that the transcript ofthe NPDES permit appeal be placed in the
record ofthe adjusted standard proceeding.
Section 101.306 ofthe Board rules states:
(a)
Upon the separate written request ofany person or on its own initiative, the Board
or hearing officer may incorporate materials from the record ofanother Board docket into
any proceeding.
The person seeking incorporation must file with the Board 4 copies of
the material to be incorporated.
The Board orhearing officer may approve a reduced
number ofcopies for documents incorporated in other Board dockets.
The person
seeking incorporation must demonstrate to the Board or the hearing officer that the
material to be incorporated is authentic, credible, and relevant to the proceeding.
Notice
ofthe request must be given to all identified participants or parties by the person seeking
incorporation.
proceeding.
Because this is a quasi-regulatory proceeding, the Board should recognize the
relevancy ofthis testimony.
6.
The Illinois EPA will not be prejudiced because it had an opportunity at the
hearing to cross-examine Mr. Willings as well as its own witnesses.
Mr. Willings will
nevertheless be available at the hearing on the adjusted standard proceeding should Illinois EPA
wish to
call him, and Illinois EPA’s witnesses are clearly within its
own control.
WIEREFORE,
Noveon, Inc. moves the Board to incorporate the transcript from its
NPDES Permit Appeal, PCB 91-17, into this proceeding as part ofthe record.
Respectfully submitted,
NOVEON, INC.
By:
_________
One ofIts Attorn~S’
Richard
J.
Kissel
Mark Latham
Sheila H. Deely
GARDNER CARTON & DOUGLAS LLP
191 N. Wacker
-
Suite 3700
Chicago, IL 60606
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