PEOPLE OF THE STATE
    OF ILLINOIS
    Complainant,
    QC FINISHERS,
    INC.,
    an Illinois
    corporation,
    Respondent.
    TO:
    Heidi
    E. Hanson
    H.E.
    Hanson,
    Esq.
    P.C.
    4721 Franklin Avenue
    Suite
    1500
    Western Springs,
    IL 60558-
    1720
    RECEIVED
    CLERK’S OFFT(’r
    AUG
    2 82003
    STATE
    OF ILLINOIS
    Pollution
    Control Board
    PCB No.
    01-7
    (Enforcement
    -
    Air)
    Mr.
    Bradley Halloran
    Hearing Officer
    Illinois Pollution Control Board
    JRTC,
    Suite 11-500
    100 W. Randolph Street
    Chicago,
    IL.
    60601
    NOTICE OF FILING
    PLEASE TAKE NOTICE that we have
    today, August
    28,
    2003 filed with
    the Office of
    the Clerk of the Illinois Pollution Control Board an
    original and nine copies
    of the Complainant’s Response to Respondent’s
    Motion
    for Reconsideration of the Board’s June
    19,
    2003 Order, copies
    of which are attached herewith and served upon you.
    Respectfully submitted,
    PEOPLE OF THE STATE
    OF ILLINOIS
    LISA MADIGAN
    Attorney General of the
    State
    of Illinois
    PAULA BECKER WHEELER
    Assistant Attorney General
    Environmental Bureau
    188
    W. Randolph St.,
    20th
    Fir.
    Chicago,
    IL 60601
    (312)
    814-1511
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    vs
    BY:
    THIS FILING IS SUBMITTED ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL
    ~
    CLERK’S
    OFFICE
    PEOPLE OF THE STATE OF ILLINOIS
    )
    AUG
    2
    8
    2003
    Complainant,
    STATE
    OF ILLINOIS
    vs-
    )
    PCB
    No.
    01..4’ollut:on
    Control Board
    (Enforcement
    -
    Air)
    QC FINISHERS,
    INC.,
    an Illinois
    corporation,
    Respondent.
    COMPLAINANT’S
    RESPONSE
    TO
    RESPONDENT’S
    MOTION FOR RECONSIDERATION
    OF THE
    BOARD’S ORDER OF
    JUNE
    19,
    2003
    Complainant,
    PEOPLE OF THE STATE OF ILLINOIS,
    by LISA
    MADIGAN, Attorney General of the State of Illinois,
    pursuant to
    Sections 101.202 and 101.520 of the Board’s Procedural
    RegulationS,
    35
    Ill. Adm. Code 101.202 and 101.520, responds to
    Respondent’s Motion For Reconsideration Of The Board’s Order Of
    June
    19,
    2003,
    as follows:
    INTRODUCTION
    1.
    The Board’s June
    19,
    2003, Order
    (“June Order”)
    addressed Complainant’s Motion to Dismiss Respondent’s
    Affirmative Defenses.
    2.
    The June Order did not terminate the proceedings in this
    case,
    but rather allowed the proceedings to continue with
    discovery and litigation.
    THE
    BOARD’S
    JUNE
    19,
    2003,
    ORDER.IS
    NOT
    A
    FINAL
    ORDER
    AND THEREFORE
    IS NOT RIPE FOR RECONSIDERATION
    3.
    Section 101.202 Definitions for Board’s Procedural
    1
    Rules,
    35 Ill. Adm.
    Code 101.202, defines “Final Order”
    as
    follows:
    “Final Order” means an order of the Board that terminates
    the proceeding leaving nothing further to litigate or decide
    and that
    is appealable to an appellate court pursuant to
    Section 41
    of the Act.
    4. The June Order is not a final order.
    5.
    The June Order allowed several
    of Respondent’s
    Affirmative Defenses to stand and granted Complainant’s Motion to
    strike several other affirmative defenses.
    There were ten
    specific and four general affirmative defenses filed.
    6.
    The June Order addresses the motion brought up by the
    parties during litigation of this case related to the ongoing
    litigation. The motion did not seek to end
    “.
    .
    .
    the proceeding
    leaving nothing further to litigate
    .“
    and the June Order was
    not meant to, and does not,
    end the proceedings.
    7.
    Section 101.520(a)
    of the Board’s Procedural Rules and
    Regulations,
    35 Ill.
    Adm.
    Code 101.520(a), states as follows:
    a)
    Any motion for reconsideration or modification of
    a
    final
    Board order must be filed within 35 days
    after the receipt of the order.
    (emphasis added)
    8.
    Since the June Order is not a final
    order,
    it is not ripe
    for reconsideration.
    WHEREFORE,
    Complainant requests, pursuant to the June
    19,
    2003,
    Order of the Board, and sections 101.202 and 101.520 of the
    Board’s Procedural Regulations,
    35
    Ill. Adm.
    Code 101.202 and
    101.520, that the Board strike Respondent’s Motion for
    2
    Reconsideration
    of the Board’s Order of June
    19,
    2003.
    COMPLAINANT
    ADOPTS AND
    INCORPORATES
    EARLIER
    ARGUMENTS
    9.
    Should the June 19,
    2003, Order of the Board be construed
    as a final order,
    or if the Complainant misinterpreted the
    Board’s Procedural Regulations,
    then Complainant objects to and
    contests Respondent’s Motion for Reconsideration.
    10. Complainant adopts and incorporates the following
    pleadings,
    motions and responses previously filed with the Board:
    Complainant’s Complaint and Complainant’s Motion to Dismiss
    Respondent’ s Affirmative Defenses.
    11. Section 101.902 under Subpart
    I:
    Review of Final Board
    Opinions and Orders,
    35
    Ill. Adm.
    Code 101.902,
    states as
    follows:
    Motions for Reconsideration
    In ruling upon a motion for reconsideration,
    the Board will
    consider factors including new evidence,
    or a change in the
    law,
    to conclude that the Board’s decision was in error.
    12. Respondent,
    in the Motion for Reconsideration,
    does not
    provide any new evidence,
    or assert a change in the law.
    13.
    Therefore,
    Respondent’s Motion for Reconsideration
    should be denied.
    CONCLUS ION
    14.
    The Board’s Order of June 19,
    2003,
    is not a final
    order,
    and therefore,
    not ripe for a Motion for Reconsideration;
    Respondent’s Motion for Reconsideration should be stricken.
    3
    15.
    If the June Order can be the subject of
    a Motion for
    Reconsideration,
    it should be denied because Respondents do not
    present any new evidence or assert a change in the law.
    PEOPLE OF THE STATE OF ILLINOIS,
    By LISA MADIGAN,
    Attorney General
    of the
    State of Illinois,
    By:
    ~
    PAULA BECI(ER WHEELER
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph St.
    -
    20th Fl.
    Chicago,
    IL 60601
    (312)
    814-1511
    H~
    \ccxmnon\Environmental\BECKER
    WREELER\QCFi~\PCB\RespMoRecona
    .
    wpcI
    4
    CERTIFICATE OF SERVICE
    I, Paula Becker Wheeler,
    an Assistant Attorney General in this
    case,
    do certify that on this 28th day of August 2003,
    I caused to be
    served the foregoing Notice of Filing and Complainant’s Response to
    Respondent’s Motion for Reconsideration of the Board’s June
    19,
    2003
    Order,
    to those named within by personal service to Mr. Halloran and
    by U.S.
    Mail to Ms. Hanson by depositing same in the U.S. Mail
    depository located at 188 West Randolph Street,
    Chicago, Illinois,
    in
    an envelope with sufficient postage prepaid
    ,i)
    PAULA BE~KERWHEELER

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