1. NOTICE OF FILING
      2. CERTIFICATE OF SERVICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PEOPLE OF THE STATE
OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofIllinois,
V.
Complainant,
VALLEY RUN
STONE, a Division of
AVERY GRAVEL CO., INC.
an Illinois Corporation,
Respondent.
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)
)
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(5
~~F1CE
SEP
~
)
PCB 04-06
jon
Cofltr0I
Board
)
(Enforcement
-
A~1~
ut
)
)
)
)
)
)
NOTICE
OF FILING
To:
Christopher P. Perzan
Assistant Attorney General
Office ofthe Attorney General,
State ofIllinois
188 W. Randolph St., 20t~~
Floor•
Chicago, IL 60601
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL
60601
PLEASE TAKE NOTICE that on September
11, 2003, Respondent, VALLEY
RUN STONE, a Division of AVERY GRAVEL CO., INC., filed with the Office of the Clerk of
the Illinois Pollution Control Board, an original and ten copies of the attached “ANSWER TO
COMPLAINT,” a copy ofwhich is
served upon you.
Pursuant to
35
Ill. Admin.
Code
§
101.302
(g), this filing
is submitted on recycled paper.
Bill
S. Forcade
JENNER & BLOCK
One IBM Plaza
Chicago, IL
60611
312/222-9350
Dated:
September 11, 2003
VALLEY RUN STO1)I~
aDivision of
AVERY GRAVEL ~
N
By:
One oI~tsAttor?~ys
THIS FILING
IS SUBMITTED ON RECYCLED PAPER
975700
CERTIFICATE OF SERVICE
I, Bill
S. Forcade, an attorney, hereby certify that on September 11,
2003, I caused
a copy of the foregoing “Appearance and
Aiiswer to Complaint” to
be served by messenger on
the following parties:
Christopher P. Perzan
Assistant Attorney General
Office of the Attorney General, State ofIllinois
188 W. Randolph St.,
20th
Floor
Chicago, IL 60601
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL
60601
~
BTh.
.
orca?~
975698
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
SEP ii 2003
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution Control
.Boczrd
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
)
PCB 04-06
V.
)
(Enforcement
-
Air)
VALLEY
RUN
STONE,
a Division of
AVERY GRAVEL CO.,
INC.
an Illinois Corporation,
Respondent.
APPEARANCE
OF BILL
S. FORCADE
I,
Bill
S.
Forcade, hereby file my appearance
in this
proceeding,
on behalf of Respondent, VALLEY
RUN
STONE,
a Division
of AVERY GRAVEL CO.,
INC.
Bill
S.
F~rca’de
Bill
S.
Forcade
Jenner & Block, LLC
One IBM Plaza
Chicago,
IL
60611
312/222-9350
Dated:
September
11,
2003
972111
THIS FILING
IS SUBMITTED
ON RECYCLED PAPER
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the state of Illinois,
Complainant,
vi.
VALLEY
RUN
STONE,
a Division of
AVERY GRAVEL CO.,
INC.
an Illinois Corporation,
Respondent.
ANSWER TO COMPLAINT
Respondent VALLEY
RUN
STONE,
a Division of AVERY GRAVEL CO.,
INC.,
(“VRS”) hereby answers Complainant’s Complaint and asserts
its affirmative defenses as follows:
COUNT I
FAILURE TO OBTAIN A CONSTRUCTION
PERMIT
1.
This Complaint is brought by the Attorney General on her
own motion and upon the request of the Illinois Environmental
Protection Agency
(“Illinois EPA”)
pursuant to the terms and
provisions of Section 31 of the Illinois Environmental Protection
Act
(“Act”)
,
415 ILCS 5/31
(2002)
ANSWER:
VRS lacks sufficient information to form a belief as to
the truth of the allegations
in Paragraph
1 and therefore
denies each and every one of them.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
~
C I~b~
CLERK~SOFFIcE
SEP
1
1
2003
STATE
OF ILLINOIS
Pollution
Control Board
PCB 04-06
(Enforcement
-
Air)
THIS FILING IS SUBMITTED
ON RECYCLED
PAPER
2.
The Illinois EPA is an administrative agency of the State
of Illinois,
created pursuant to Section 4 of the Act,
415 ILCS 5/4
(2002)
,
and charged,
inter alia, with the duty of enforcing the
Act.
ANSWER:
VRS admits Paragraph
2.
3.
AVERY GRAVEL CO.,
INC.,
is an Illinois corporation in
good standing and headquartered at 10425 Joliet Road,
Lisbon,
Kendall County,
Illinois.
AVERY GRAVEL CO.,
INC.
includes a
division known as VALLEY Run STONE.
AVERY GRAVEL CO.,
INC. and its
VALLEY
RUN
STONE division are hereinafter referred to as VRS.
ANSWER:
VRS admits Paragraph
3.
4.
VRS operates a quarry located in Lisbon,
Illinois
(“facility”)
ANSWER:
VRS admits .Paragraph
4.
5.
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002),
provides 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
5 are conclusions of law for
which no answer is required.
2
6.
VRS
is a
“person’
as that term is defined in Section
3.315
of the Act,
415 ILCS 5/3.315
(2002).
ANSWER:
VRS admits Paragraph
6
7.
Some time in late 2000 VRS constructed a 1,400 kilowatt
natural gas-fired power generation engine at its facility. VRS did
not at any time relevant to this complaint have a permit to
construct the natural gas-fired power generation engine.
ANSWER:
VRS admits Paragraph
7.
8.
Some time in March or April 2001 VRS began testing the
natural gas-fired power generation engine.
Thereafter, VRS began
operation of the natural gas-fired engine.
VRS operated the
natural gas-fired engine at
least from June 2001 through August
2002.
ANSWER:
-
VRS admits Paragraph
8.
9.
The natural gas-fired power generation engine can emit,
among other things,
nitrogen oxides and particulate matter into the
atmosphere.
ANSWER:
VRS admits Paragraph
9.
10.
Nitrogen oxides and particulate matter when emitted into
the aircan have injurious effects on human,
plant and animal life.
ANSWER:
VRS denies that the amounts of -Nitrogen oxides and
particulate matter emitted by the natural gas engine can
have injurious effects on human,
plant and animal life.
3
11.
Section 3.165
of the Act,
415 ILCS 5/3.155
(2002),
provides the following definition:
“CONTANINANT”
is any solid,
liquid,
or gaseous matter,
any odor,
or any form of energy from whatever source.
ANSWER:
The allegations in Paragraph 11 are conclusions of law
for which no answer is required.
12.
Plaintiff’s Complaint does not contain a Paragraph
No.
12.
ANSWER:
No answer
is required.
13.
Nitrogen oxides and particulate matter are “contaminants”
as defined in Section 3.165 of the Act,
415 ILCS 5/3.165
(2002)
ANSWER:
•The allegations in Paragraph 12 are conclusions of law
for which no answer is required.
-
14.
Section 3.115 of the Act,
415 ILCS 5/3.115
(2002),
contains the following definition:
“Air pollution”
is the presence in the atmosphere
of one
or more contaminants in sufficient quantities and of such
characteristics and duration as to be injurious to human,
plant,
or animal
life,
to health,
or to property,
or to
unreasonably interfere with the enjoyment of life or
property
ANSWER:
The allegations in Paragraph 14 are conclusions of law
for which no answer is required.
4
15.
Section 9(b)
of the Act, 415 ILCS 5/9(b)
(2002), provides
as
follows:
No person shall construct,
install or operate any
equipment,
facility,
vehicle, vessel,
or aircraft
capable of causing or contributing to air pollution
or designed to prevent air pollution,
of any 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 15 are conclusions of law
for which no answer is required.
16.
Section 201.142
of the Illinois Pollution Control Board
Air Pollution Regulations
(“Board regulations”),
35
Ill. Adm. Code
201.142, provides as follows:
No person shall cause or allow the construction
of any
new emission source or any new air pollution control
equipment,
or cause or allow the modification of any
existing emission source or air pollution control
equipment, without
first obtaining a construction permit
from the Agency,
except as provided in Section 201.146.
ANSWER:
The allegations
in Paragraph 16 are conclusions of law
for which no answer is required.
17.
Section 201.102
of the Board regulations,
35
Ill. Adm.
Code 201.102, provides the following pertinent definitions:
“Air Contaminant”: any solid,
liquid or gaseous matter,
any odor or any form of energy,
that
is capable of being
released into the atmosphere from an emission source.
“Construction”:
commencement of on-site fabrication,
erection or installation of an emission source or of air
pollution control equipment.
5
“Emission Source”:
any equipment or facility of a type
capable of emitting specified air contaminants to the
atmosphere.
-
“New Emission Source”: any emission source,
the
construction or modification
of which is commenced on or
after April
14,
1972.
“Owner or Operator”:
any person who owns,
leases,
controls or supervises an emission source or air
pollution control equipment.
“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 17 are conclusions of law
for which no answer is required.
18.
Nitrogen oxides are specified air contaminants
as defined
in 35
Ill. Adm.
Code 201.102.
ANSWER:
The allegations in Paragraph
18 are conclusions of law
for which no answer is required.
19.
The natural gas-fired power generation engine was capable
of causing or contributing to air pollution through its emission of
contaminants,
including nitrogen oxides and particulate matter,
into the atmosphere.
ANSWER:
VRS denies Paragraph 19.
20.
The natural gas-fired power generation engine was an
“emission source” and a “new emission source”
as defined
in 35
Ill.
Adm.
Code 201.102.
-
6
ANSWER:
The
allegations
in
Paragraph
20
are
conclusions
of
law
for
which
no
answer
is
required.
21.
VRS
was,
at
all
times
relevant
to
this
Complaint,
an
“owner or operator”
as defined in 35
Ill. Adm.
Code 201.142.
ANSWER:
The allegations in Paragraph 21 are conclusions of law
for which no answer is required.
22.
The construction of the emission source without a permit
from the Agency constituted a violation
of Section 9(b)
of the Act,
415 ILCS 5/9(b)
(2002)
and 35
Ill. Adm.
Code 201.142.
ANSWER:
The allegations
in Paragraph 22 are conclusions of law
for which no answer is required.
COUNT
II
FAILURE
TO
COMPLY
WITH
PRECONSTRUCTION
PREVENTION OF SIGNIFICANT DETERIORATION STANDARDS
1-19.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 14 and 17 through 21 of Count
I
of this
Complaint as paragraphs
1 through 19 of this Count
II.
ANSWER:
VRS realleges and incorporates by reference its answers
to paragraphs
1 through 19.
20.
Section 9.1
of the Act,
415 ILCS 5/9.1
(2002), provides
as follows:
a)
The General Assembly finds that the federal Clean
Air Act,
as amended, and regulations adopted
pursuant thereto establish complex and detailed
provisions for State-federal cooperation in the
field of air pollution control, provide for a
7
Prevention of Significant Deterioration program to
regulate the issuance of preconstruction permits to
insure that economic growth will occur in a manner
consistent with the preservation of existing clean
air resources.
.
*
*
*
d)
No person shall:
1)
violate any provisions of Sections
111,
112,
165 or 173 of the Clean Air Act,
as
now or hereafter amended, or federal
regulations adopted pursuant thereto;
or
2)
construct,
install, modify or operate any
equipment,
building,
facility,
source or
installation which
is subject to regulation
under
Sections
111,
112,
165
or
173
of
the
Clean Air Act,
as now or hereafter amended,
except in compliance with the requirements of
such Sections and federal regulations adopted
pursuant
thereto,
and
no
such
action shall be
undertaken without a permit granted by the
Agency or in violation of any conditions
imposed by such permit.
ANSWER:
The
allegations
in
Paragraph
20
are
conclusions
of
law
for
which
no
answer
is
required.
21.
Nitrogen oxides are regulated under Section 9.1 of the
Act,
415 ILCS 5/9.1(2002)
because they are a precursor of ozone,
a
criteria pollutant for which a National Ambient Air Quality
Standard has been adopted under the Clean Air Act.
ANSWER:
The allegations
in Paragraph 21 are conclusions of law
for which no answer is required.
8
22.
Section
52.21
of
Title
40
of
the
Code
of
Federal
Regulations,
40 C.F.R.
52.21
(2002),
is within that category of
federal regulations enforceable under 415 ILCS 5/9.1(d).
Section
52.21 contains the relevant requirements for the Prevention
of
Significant Deterioration (“PSD”)
program.
ANSWER:
The allegations in Paragraph 22 are conclusions
of law
for which no answer is required.
23.
The PSD program generally requires a party in an
attainment area to acquire a construction permit,
to perform PSD
air quality analysis and to meet other analytical and informational
requirements in order to demonstrate that the construction of the
emission source will not cause or contribute to air pollution in
violation of any national ambient air quality standard or to any
applicable maximum allowable increase over the baseline
concentration.
ANSWER:
The allegations in Paragraph 23 are conclusions of law
for which no answer is required.
24.
The VRS facility is located within an attainment area and
is subject to PSD requirements.
ANSWER:
The allegations in Paragraph 24 are conclusions of law
for which no answer
is required.
25.
The natural gas-fired power generation engine has the
potential to emit 251.59 tons
of nitrogen oxides per year.
ANSWER:
VRS denies Paragraph 25
9
26.
Section 52.21 of Title 40 of the Code of Federal
Regulations,
40 C.F.R.
52.21
(2002), provides,
in
pertinent
part,
as follows:
(b)
Definitions.
For the purposes of this section:
(1)
(1)
Major stationary source
means:
*
*
*
(b)
Notwithstanding the stationary source size
specified
in
paragraph
(b)
(1(1)
of
this
section, any stationary source which emits,
or
has
the
potential
to
emit,
250
tons
per
year
or
~nore of any air pollutant subject to regulation
under the Act;
*
*
*
(i)
Review of major stationary sources and major
modifications-source applicability and exemptions
(1)
No stationary source or modification
to which
the requirements of paragraphs
(j)
through(r)
of this section apply shall begin actual
construction without a permit which states that
the stationary source or modification would
meet those requirements.
The Administrator has
the authority to issue any such permit.
(2)
The requirements of paragraphs
(j)
through
(r)
of this section shall apply to any major
stationary source and any major modification
with respect
to each pollutant subject to
regulations under the Act that
it would emit,
except as this section otherwise provides.
*
*
*
(k)
Source impact analysis
The owner or operator of the proposed source or
modification shall demonstrate that allowable
emission increases from the proposed source or
modification,
in conjunction with all other
10
applicable emissions increases or reductions
(including
secondary
emissions)
would
not
cause
or
contribute
to
air
pollution
in
violation
of:
(1)
Any
national
ambient
air quality standard in
any air quality control region;
or
(2)
any applicable maximum allowable increase over
the
baseline concentration in any area.
*
*
*
(rn)
Air quality analysis
(1)
Preapplication analysis
(i)
Any application for a permit under this
section shall contain an analysis of
ambient air quality in the area that the
major
stationary
source
or
major
modification
would
affect
for
each
of
the
following
pollutants:
(a)
For the source, each pollutant that
it would have the potential to emit
in
a significant amount.
(b)
For the modification, each pollutant
for
which
it would result in a
significant net emissions increase.
*
*
*
n)
Source information
The owner or
operator of a proposed source or
modification shall submit all information necessary
to perform any analysis or make any determination
required under this section.
(1)
with respect
to a source or modification to
which
paragraphs
(j),
(1),
(n)
and
(p)
of this
section apply,
such information shall include:
(i)
A description of the nature,
location,
design
capacity,
and
typical
operating
11
schedule of the source or modification,
including specifications and drawings
showing its design and plant layout;
*-*
*
(r)
Source obligation
-
(1)
Any
owner
or
operator
who
constructs
or
operates a source or
modification
not
in
accordance with the application submitted
pursuant to this section or with the terms of
any approval to construct,
or any owner or
operator of a source or modification subject
to
this section who commences construction after
the effective date of these regulations without
applying for and receiving approval hereunder,
shall be subject
to appropriate enforcement
action.
*
*
*
ANSWER:
The
allegations in Paragraph 26 are conclusions of law
for which no answer is required.
2-7.
Upon its construction, the VRS facility constituted
a
major stationary source,
as defined in 40 C.F.R.
52.21(b) (1)
(i) (b),
for the purposes of the PSD program and 40 C.F.R.
52.21(b) (2002),
because the natural gas-fired power generation engine has the
potential to emit greater than 250 tons per year of nitrogen
oxides.
ANSWER:
VRS denies Paragraph 27
28.
VRS did not perform or provide the source impact analysis
demonstration required by Section 52.21(k),
40 C.F.R.
52.21(k),
12
prior to construction of the natural gas-fired power generation
engine.
ANSWER:
VRS denies that such actions were required for the
natural gas-fired power generation engine.
29.
VRS did not perform or provide the air quality analysis
required by Section 52.21(m),
40 C.F.R.
52.21(m),
prior to
construction of the natural gas-fired power generation engine.
ANSWER:
VRS denies that such actions were required for the
natural gas-fired power generation engine.
30.
VRS did not submit all of the source information required
by Section 52.21(n),
40 C.F.R.
52.21(n), prior to the construction
of the natural gas-fired power generation engine.
ANSWER:
VRS denies that such actions were required for the
natural gas-fired power generation engine.
31.
By such actions or omissions as alleged above,
VRS
violated Section 9.1(d)
of the Act,
415 ILCS 5/9.1(d),
and Sections
52.21(i) (1),
52.21(k),
52.21(m), and 52.21(n),
40 C.F.R.
52.21(i),
(1)
,
(k)
,
(in)
and
(n)
ANSWER:
VRS denies that such
actions were required for the
natural gas-fired power generation engine.
13
COUNT
III
FAILURE TO OBTAIN AN OPERATING PERMIT
1.- 20.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 15 and 17 through 21 of Count
I of this
Complaint as paragraphs
1 through 20 of this Count
III.
ANSWER:
VRS realleges and incorporates by reference its answers
to paragraphs
I through 15 and 17 through 21 of Count
I.
21.
Section 201.143 of the Board regulations,
35
Ill. Adm.
Code 201.143, provides as follows:
No person shall cause or allow the operation of any 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 21 are conclusions of law
for which no answer is required.
22.
At no time relevant to this Complaint did VRS have a
permit from the Illinois EPA to operate the natural gas-fired
engine.
ANSWER:
VRS admits Paragraph 22.
14
23.
The operation of the natural gas-fired power generation
engine without
a permit from the Illinois EPA constituted a
violation of Section
9(b)
of the Act,
415 ILCS 5/9(b) (2002)
and’ 35
Ill.
Adm. Code 201.143.
ANSWER:
VRS denies Paragraph 23.
COUNT IV
FAILURE TO OBTAIN A CLEAN AIR ACT PERMIT
1
-
20.
Complainant
realleges
and
incorporates
by
reference
herein paragraphs
1’ through 14 and 17 through 21 of Count
I and
paragraph 25 of Count
II as paragraphs
1 through 20 of Count
IV.
ANSWER:
VRS realleges and incorporates by reference herein its
answers to paragraphs
1 through 14 and 17 through 21 of
Count
I and paragraph
25 of Count
II as paragraphs
1
through 20
of Count
IV.
21.
Section 39.5 of the Act,
415 ILCS 5/39.5
(2002),
governing the Clean Air Act Permit Program
(“CAAPP”)
in the State
of Illinois,
provides,
in pertinent part,
as follows:
1.
Definitions
“Major
source~T
means
a
source
for
which emissions of one
or
more
air
pollutants meet the criteria for major status
pursuant to paragraph 2(c)
Of this Section.
*
*
*
“Owner
or
operator”
means
any
person
who
owns,
leases,
operates,
controls,
or supervises a stationary source.
*
*
*
15
“Regulated air pollutant” means the following;
(1)
Nitrogen Oxides
(NOx)
or any volatile organic
compound.
-
*
*
*
“Stationary source” means any building,
structure,
facility,
or installation that emits or may emit any
regulated air pollutant or any pollutant listed under
Section 112(b)
of the Clean Air Act.
_*
*
*
2.
Applicability
a.
Sources
subject
to
this Section shall include:
i.
Any major source as defined
in paragraph
(c)
of this subsection.
c.
For the purposes of this Section the term-
“major source” means any source that
is:
ii.
A major stationary source of air
pollutants,
as defined in Section 302 of
the Clear Air Act,
that directly emits or
has the potential to emit,
100 tpy or more
of any air pollutant
(including any major
source of fugitive emissions of any such
pollutant,
as determined by-rule by
USEPA)
ANSWER:
The allegations in Paragraph 21 are conclusions of law
for which no answer is required.
22.
The nitrogen oxides emitted by VRS are regulated air
pollutants under Section 39.5(1)
of the Act,
415 ILCS
5/39.5(1) (2002).
ANSWER:
The allegations
in Paragraph 22 are conclusions of law
for
which
no
answer
is
required.
-
16
23.
Because the natural gas-fired engine had the potential
to
emit greater than 100 tons per year of nitrogen oxides,
it
constituted a “stationary source” and a “major source” pursuant to
Section 39.5(2)
of the Act,
415 ILCS 5/39.5(2) (2002).
ANSWER:
The allegations in Paragraph 23 are conclusions of law
for which no answer is required.
24.
VRS was,
at all times relevant to this Complai~it, the
“owner and operator”
of
a
major
stationary
source
pursuant
to
Section 39.5(2)
of the Act,
415 ILCS 5/39.2
(2002).
-
ANSWER:
VRS denies Paragraph 24
25.
As a major source,
the VRS facility constituted a CAAPP
source by operation of 415 ILCS 5/39.5(2) (2002).
ANSWER:
VRS denies Paragraph 25.
26. Section 39.6(6)(b)
of the Act,
415 ILCS 5/39.5(6) (b),
provides as follows:
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 26 are conclusions of law
for which no answer is required.
17
27.
At no time relevant to this complaint did VRS have a
CAAPP
permit to operate the natural gas-fired power generation
engine.
ANSWER:
VRS admits Paragraph 27, but asserts no such permit was
required.
28.
By operating the natural gas-fired power generation
engine VRS without submitting the CAAPP permit application to the
Illinois EPA or obtaining a CAAPP permit, VRS violated Section
39.5(6) (b)
of the Act,
415 ILCS 5/39.5(6) (b) (2002).
-
ANSWER:
VRS denies Paragraph 28.
FIRST AFFIRMATIVE DEFENSE: EQUITABLE ESTOPPEL/WAIVER
In the alternative,
without admittingany
of the Complaint’s
allegations that it has denied or otherwise contradicting its
answers and solely by way of affirmative and/or additional defense,
VRS alleges as follows:
-
1.
VRS filed a permit application for the natural gas-fired
generator with the Illinois EPA in November 2002.
IEPA has refused
to act on that application in a timely manner,
subjecting VRS to
unnecessary utility costs.
2.
As a result of the facts set forth in Paragraphs
1 above,
Complainant
is estopped from recovering any civil penalties
relating to past operations of the gas-fired generator at the Site.
18
-
WHEREFORE,
VRS asks that the Board render a judgment in its
favor and against Complainant; and that the Board enter an order
that Complainant be awarded nothing as against VRS and denying
Comp1air~antany and all of the relief it seeks herein against VRS;
and such other and further relief to which VRS is entitled under
the law.
-
Dated:
September 11,
2003
Respectfully submitted,
VALLEY RUN STONE,
a Division of AVERY
GRAVEL CO.,
INC.
Bi1i~~orcade
Bill
S.
Forcade
Jenner
&
Block
One
IBM
Plaza
Chicago,
IL
60611
(312)
222-9350
972198
19

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