PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
)
PCB No. 02-63
)
REcEAv~D
CLERK’S OFFT(~
M14y
2’
2
2003
STATE OF
ILLINOIS
Poliutjo,~Control Bc,ord
MIT, INC., a Delaware corporation,
)
)
Respondent.
)
NOTICE OF ELLING
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100W. Randolph,
Ste.
11-500
Chicago, IL 60601
Delbert D. Haschemeyer
Assistant Attorney General
Office ofthe Attorney General
Environmental Division
500 South Second Street
Springfield, IL 62704
Carol Sudman
Board Hearing Officer
Pollution Control Board
600 S~
2nd
Street, Ste. 402
Springfield, IL 62704
Respectfully submitted,
MU, Inc., Respondent,
0 2E~O~
Joel A. Benoit
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza, Suite 325
Springfield,
IL 62701-1323
Telephone: 217/528-2517
Facsimile:
217/528-2553
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
V.
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of the
Illinois Pollution Control Board an original (1) and nine (9) copies ofthe ANSWER ofthe
Respondent, MU, Inc., a copy ofwhich is herewith served upon the Hearing Officer and the
attorney for the Petitioner, People ofthe State ofIllinois.
BY:
MOHAN, ALEWELT, PRILLAMAN & ADAMI
BY:
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK’S .OF!Th~
M14Y
222003
PEOPLE OF THE STATE OF ILLINOIS,
)
)
STATE OF
ILLINOIS
Complainant,
)
Pollution Control Board
)
V.
)
PCB No. 02-63
)
Mil, INC., a Delaware corporation,
)
)
Respondent.
)
ANSWER
Now comes Respondent, MU,
Inc., a Delaware corporation, by and through its
attorneys,
Mohan, Alewelt, Prillaman & Adami, and for its answer to the complaint herein states as
follows:
COUNT I
1.
Admits.
2.
Admits.
3.
Admits.
4.
Admits.
5.
Admits.
6.
Admits.
7.
Admits.
8.
Denies that Section 9(a) ofthe Act applies to
anything alleged in the complaint,
but admits the remaining allegations’ ofparagraph
8.
9.
Denies that Section 3.02 of the Act applies to anything alleged in~thecomplaint,
but admits the remaining allegations ofparagraph 9.
10.
Denies that Section 3.06 ofthe Act applies to anything
alleged in the complaint,
but admits the remaining allegations ofparagraph 10.
11.
Denies that Section 201.141 ofthe Board’s Air Pollution Regulations
applies to
anything alleged in the complaint, but admits the remaining allegations ofparagraph 11.
12.
Denies.
WHEREFORE, Respondent respectfully requests that the Board enter an order dismissing
Count I ofthe complaint, and granting to Respondent such other and further relief as the Board
may deem appropriate.
COUNT
II
1-8.
Respondent realleges and incorporates herein by reference its
answers to
paragraphs
1 through
8 of CountI as and for its answers to paragraphs
1
through
8 ofthis Count
U.
9.
Denies that Section 9.1(d) ofthe Act applies to
anything alleged in the complaint,
but admits the remaining allegations ofparagraph 9.
10.
Denies that
35
Ill.Admin.Code, Section 215.204
applies to
anything alleged in the
complaint, but admits the remaining allegations ofparagraph 10.
11.
Denies that
35 Ill.Admin.Code,
Section 2 15.207 applies to
anything alleged in the
complaint, but admits the remaining allegations ofparagraph
11.
•
12.
Denies that
35 Ul.Admin.Code,
Section 2 15.208 applies to
anything alleged in the
2
complaint, but admits the remainingallegations ofparagraph
12.
13.
Deniesthat Section 9(b) ofthe Act applies to anything alleged in the complaint,
but admits the remaining allegations ofparagraph 13.
14.
Admits.
15.
Denies.
16.
Admits that the Illinois EPA conducted an inspection on March 11,
1997, but
denies the remaining allegations ofparagraph 16.
•
17.
Admits that the Illinois EPA conducted an inspection on July 29,
1998, but denies
the remaining allegations ofparagraph 17.
18.
Admits.
•
19.
Admits that the Illinois EPA conducted an inspection on September 9,
1999, but
denies the remaining allegations ofparagraph 19.
20.
Admits.
21.
Denies.
22.
Denies.
WHEREFORE, Respondent respectfullyrequests that the Board enter an order dismissing
Count II ofthe complaint,
and granting to Respondent such other and furtherrelief as the Board
may deem appropriate.
COUNT III
1-8.
Respondent realleges and incorporates hereinbyreference its answers to
paragraphs
1
through
8 of Count I as and for its answers to paragraphs
1
through 8 ofthis Count
3
ifi.
9.
Respondentrepeats and realleges its answer to paragraph
13 of Count U.as and for
our answer to paragraph 9 ofthis Count ifi.
10.
Denies that 35 Ill.Admin.Code,
Section 201.142
applies to anything alleged in the
complaint, but admits the remaining allegations ofparagraph 10.
11.
Denies that 35 Ill.Admin.Code,
Section 201.143 applies to anything alleged in the
complaint, but admits the remaining allegations ofparagraph 11.
12.
Denies.
WHEREFORE, Respondent respectfullyrequests that the Board enter an order dismissing
Count ifi ofthe complaint,
and granting to Respondent such other and further relief as the Board
may deem appropriate.
COUNT IV
1-8.
Respondent realleges and incorporates herein by reference
its answers to
paragraphs
1
through
8 of Count I as and for its answers to paragraphs
1
through 8 of this Count
IV.
9.
Denies that Section
39.5(6)(b)
ofthe Act applies to anything alleged in the
complaint, but admits the remaining allegations ofparagraph 9.
10.
Denies.
11.
Denies.
‘WHEREFORE, Respondent respectfullyrequests that the Board enter an
order dismissing
Count IV ofthe complaint,
and granting to Respondent such other and further relief as the Board
4
may deem appropriate.
Respectfully submitted,
MU, Inc., Respondent,
BY:
MOHAN, ALEWELT, PRILLAMAN & ADAMI
BY:
K7~o
& &~
Joel A. Benoit
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza
Suite 325
Springfield, IL 62701-1323
Telephone: 217/528-2517
Facsimile: 217/528-2553
This filing is submitted on recycled paper.
5
Proofof Service
The undersigned certifies that a copy ofthe foregoing Answer was served upon the
following attorney by enclosing the same in an envelope addressed to said attorney with postage
fully prepaid, and by depositing said envelope in an U.S. Post Office mail box in Springfield,
illinois on the
~
day ofMay, 2003:
Delbert D. Haschemeyer
Assistant Attorney General
500 South Second Street
Springfield, IL 62706
Mohan, Alewelt, Prillaman & Adami
1 North Old Capitol Plaza
Suite
325
Springfield, IL 6270 1-1323
Telephone: 217/528-2517
Facsimile: 217/528-2553
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