RECEIVEQ
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAR 102004
PEOPLE OF THE STATE OF
ILLINOIS
Complainant,
V.
CII CARBON LLC,
Respondent.
)
)
)
)
)
)
PCBO4-137
)
(Enforcement)
)
)
)
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILING
Mr. Delbert D. Haschemeyer
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
Ms. Carol Sudman, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thomspon Center
100 W. Randolph
-
Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE
that on Wednesday, March 10, 2004 I have filed with the
Office ofthe Clerk of the Pollution Control Board a
MOTION TO CORRECT NAME OF
RESPONDENT and STAY FILING OF
AN ANSWER, copies ofwhich are attached hereto
and herewith served upon you.
Roy M. Harsch, Esq.
Steven J. Murawski, Esq.
GARDNER CARTON & DOUGLAS LLP
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606
(312) 569-1000
By:
~•
e ofIts Attorneys
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
The undersigned states that he caused a copy ofthe
MOTION TO CORRECT NAME
OF RESPONDENT and STAY FILING OF
AN ANSWER to be delivered via messenger
delivery this 10th day ofMarch, 2004 to the following:
Ms. Dorothy Gunn
Clerk
-
Illinois Pollution Control Board
100 W. Randolph Street, Rm 11-100
Chicago, IL 60601
and delivered via United States Mail, postage prepaid, o~this 10th day ofMarch, 2004 to the
following:
Mr. Delbert D. Haschemeyer
AssistantAttOrñe~General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
Ms. Carol Sudman, Hearing Officer
Illinois PoiJution. Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
By: 4~t~L
)
0 e o Its Attorneys
Roy M. Harsch, Esq.
Steven J. Murawski, Esq.
GARDNER CARTON & DOUGLAS LLP
.
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606
(312) 569-1000
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
MAR
OF
102004
ILUNOIS
PEOPLE OF THE STATE OF
)
POllution Control
Board
ILLINOIS
)
)
Complainant,
)
)
v.
)
PCB04-137
)
(Enforcement)
CII CARBON LLC,
)
)
Respondent.
)
MOTION TO CORRECT
NAME
OF RESPONDENT
and
STAY FILING OF AN ANSWER
On behalfofRespondent, CII CARBON LLC (CII), Gardner Carton & Douglas hereby
files this
MOTION TO CORRECT NAME OF RESPONDENT and STAY FILING OF
AN
ANSWER. In support ofthis Motion, Respondent states as follows:
I. CORRECT
NAME
OF RESPONDENT
1.
The Complainant filed a Complaint and Entry ofAppearance with the Illinois
Pollution Control Board (Board) on February 2, 2004.
2.
The Complaint was filed against “Robinson Carbon, Inc.,” the alleged operator of
a facility located at R.R. 3, P.O. Box 719, Robinson, Crawford County, Illinois (Facility).
3.
“Robinson Carbon, Inc.” is not the operator ofthe Facility; CII is the operator of
the Facility.
4.
Despite the Complainant’s service ofthe Complaint on the incorrect party, CII
accepts service of the Complaint and does not contest the Board’sjurisdiction over this matter or
over CII.
5.
Due to Cli’s willingness to accept jurisdiction and Cil’s admission that it is the
operator ofthe Facility, CII requests that the Board replace the name “Robinson Carbon, Inc.”
with Cli’s name in the case caption and all correspondence, documents and motions related to
this matter.
II. STAY FILING OF AN ANSWER
6.
Paragraph 1 above is incorporated by reference.
7.
CII did not receive the Complaint until February 9, 2004 due, in part, to the
circumstances described in Paragraphs 1-6 above.
8.
According to
35 JAC 103.204(d),
a respondent may file an answer within sixty
(60) days after receipt of the complaint if the respondent wants to deny any allegations in the
complaint. All material allegations ofthe complaint will be taken as admitted if no answer is
filed or if not specifically denied by the answer, unless respondent asserts a lack ofknowledge
sufficient to form a belief.
9.
CII has the right to file an answer in accordance with
35 JAC 103.204(d)
until
April 9, 2004.
2
10.
CII and the Illinois Attorney General (Parties) have already entered into
substantive settlement discussions that may result in the resolution ofsome or all ofthe alleged
violations. The Parties believe that these discussions continue to be productive and settlement
may be reached in the near future pending the Parties’ review ofemission tests to be conducted
at the Facility in the next 60 days. Consequently, the filing of an answer may be unnecessary.
11.
To avoid the unnecessary cost and expense of filing an answer at this time, CII
requests that the Board stay the sixty (60) day deadline for filing an answer imposed by
35 IAC
1 03.204(d).
In its place, CII requests that the Board extend the deadline for filing an answer for
an additional 120 days following this Motion (i.e. by July 8, 2004) or until such time as either
party requests an earlier submission of an answer. If either Party requests an answer to be filed
prior to the 120-day extension, that request should be in writing and served upon all of the
Parties. CII should be granted at least thirty (30) days to prepare and file an answer; the thirty.
(30) day period shall begin on the date that CII serves a written request on the all ofthe Parties or
CII receives a written request by the Complainant, whichever is sooner.
I 2.
On March 9, 2004, Counsel for CII :dj5~~5~1this Motion with Mr. Delbert
Haschemeyer, Counsel for the State of Illinois, and Mr. Haschemeyer stated that the
Complainant does not oppose this Motion.
3
WHEREFORE, CII requests the Board (1) correct its name in the case caption and all
correspondence, documents and motions related to this matter and (2) stay the filing of an answer
for one hundred twenty (120) days or until such earlier time as requested by one ofthe Parties.
Respectfully submitted,
CII
CARBON
LLC
By:
Roy M. Harsch, Esq.
Steven J. Murawski, Esq.
GARDNER CARTON & DOUGLAS LLP
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606
(312) 569-1000
CHO2/22297902. I
4