IRECE~VED
CLERK’S OFFiCE
FEB
1
72004
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
Pollution Control Board
IN
THE
MATTER OF:
Petition ofNoveon, Inc. for an
Adjusted
Standard from
35
Iii.
Adm. Code 304.122
)
)
)
)
)
)
AS
02-5
(Adjusted Standard
—
Water)
NOTICE OF FILING
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
W. Randolph, Suite
11-500
Chicago, Illinois
60601
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100
W. Randolph, Suite 11-500
Chicago, Illinois
60601
Mark Latham
Richard Kissel
Gardner, Carton,
& Douglas
191 North Wacker Drive, Suite 3700
Chicago, Illinois 60606
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe
Pollution Control Board the attached Response ofthe Illinois Environmental Protection Agency
to Petitioner’s Motion to Incorporate Transcript from PCB 91-17 of the Illinois Environmental
Protection Agency, a copy
ofwhich is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY OF THE
STATE OF ILLINOIS
~
Deborah J. Wi
jams
Assistant
Counsel
Division ofLegal Counsel
DATED:
February 9,2004
Illinois
Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box
19276
Springfield, Illinois 62794-9276
THTS FILING
IS SUBMITTED
ON RECYCLED PAPER
entered into the Record.
This might make the transcript misleading to the
Board when reviewed in the context ofan Adjusted Standard proceeding.
Incorporation ofthe transcript will also make it necessary for the Agency
to call Petitioner’s witness from the Permit Appeal, Ken Willings, for
further cross-examination ofthe current accuracy and relevance of his
twelve-year old testimony if it is to also be used as evidence in the
Adjusted Standard proceeding.
6.
The Board’s procedural rules clearly indicate that proceedings must not be
consolidated where the burdens ofproofvary.
See,
35 Ill.
Adm. Code
10 1.406.
Allowing the incorporation of the prior hearing testimony begins
to approach a consolidation ofproceedings that would otherwise be
prohibited by the Board’s rules.
7.
At this late date, the Agency can only conclude that its
case is will
prejudiced by Petitioner’s request and respectfully requests that the
Hearing Officer deny the instant Motion to Incorporate the Transcript of
PCB 9 1-17 into the Record ofAS 02-05.
Respectfully submitted,
By(D~~i~
~
Deborah J.
illiams
Assistant Counsel
Division of Legal Counsel
DATED:
February 9,2004
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O.Box 19276
Springfield, Illinois 62794-9276
217/782-5544
)
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)
SS
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached, Response ofthe Illinois
Environmental Protection Agency to Petitioner’s Motion to Incorporate Transcript from PCB 91-
.11,
upon the person to whom
it is directed, by FACSIMILE and by placing a copy in an envelope
addressed to:
Dorothy M. Guru, Clerk
Illinois
Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
Bradley P.
Halloran, Hearing
Officer
Illinois
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
Mark Latham
Richard Kissel
Gardner,
Carton and Douglas
191
North Wacker Drive,
Suite 3700
Chicago, Illinois
60606
and mailing
it by First Class Mail from Springfield,
Illinois
on February 9, 2004 with sufficient postage
affixed.
SUBSCRIBED AND SWORN
TO
BEFORE ME
this
~
of February 2004
otary
Pu
hc
‘~o~kjc~aP
OFFICIAL
SEAL
BRENDA
BOEHNER
NOTARY
PUBLICS
STATE
OF
ILLINOIS
~MY COMMISSION
EXPIRES
u-14.2oo5~
THIS FILING IS SUBMITTED ON RECYCLED PAPER