R.ECE~V~D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
082004
PEOPLE OF THE STATE
OF ILLINOIS,
.)
STATEOFILLINOIS
by LISA MADIGAN, Attorney
)
Pollution Control Board
General of
the State of Illinois
Complainant,
V.
)
PCB 04-9
(Enforcement
Air)
AA.RGUS PLASTiCS, INC.
,
an Illinois corporation,
)
Respondent.
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE; that on July.8, 2004, the People of the
State ofIllinois filed with the Illinois Pollution Control Board
a Motion for Leave to File Answers to Respondent’s Affirmative
Defenses and Complainant’s Answers~to Respondent’s Affirmative
Defenses, ~true,and correct copies of which are attached and
hereby served upon you.
Respectfully, submitted.,
LISA MADIGAN
Attorney General
State of Illinois
BY
_________
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago; Illinois 60601
(312) 814-6986
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Ms Maure~n Wozniak, Esq
Il~ii~oi~’Environmental
ProtectionAgency
1021 North Grand Avenue East
P.O. Box 19276
Springf~ie1d, IL 62794-9276
Mr. Leo P. Dombrowski
Wildman, Harrold,.Allen & Dixon LLP
225 West Wacker Drive.
Chicago, IL 60606
Mr. Thomas Golz
Mr. John J. Cullerton
Fagel Haber LLC
55 E. Monroe Street,
40th
Floor
Chicago, IL 60603
RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
.
JUL 082004
by LISA MAJJIGAN, Attorney
)
STATEOFILUNOIS
General of the State of Illinois )
.
Pollution Control Board
Complainant,
v.
•..
)
.
PCB04—9
(Enforcement
-
Air)
AARGUS
PLASTICS, INC.,
.
)
.
. .
an Illinois corporation;
)‘
Respondent.
.
.
.
)
.
MOTION FOR LEAVE TO FILE ANSWERS TO RESPONDENT’S
AFFIRMATIVE DEFENSES
1. Pursuant to the June 24, 2004 hearing bfficer order in
this matter, Complainant hereby requests that the Board and/or
Hearing Officer Halloran grant it leave to file an.swers to
Respondent A~RGUS PLASTICS INC’s fourth, fifth, sixth, and
eleventh affirmative defenses.
.
.
2.. During the June 24, 2004 status telephone conference,
Respondent indicated that it did not. object. to Complainant filing
answers to the aforementioned affirmative defenses.
PEOPL~OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,
.
Attorney General of the
State of Illinois,.
.
By:
JOEL
J~~
J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.
-
20th Fl.
Chicago, IL 60601
.
(312) 814-6986
.
)
AARGTJS PLASTICS, INC.,
an Illinois corporation,
Respondent.
.
.
PCB.04-9
(Enforcement
-
Air)
COMPLAINANT’S ANSWERS TO RESPONDENT’S
~.
AFFIRMATIVE DEFENSES
,
1. Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,Atto~ney Generalof the State of Illinois,
pursuant to, : the June 24, 2004 Pollution Control Board Hearing
Officer o~der, hereby rep4es answers •RespondePt AARGUS
PLASTICS,, INC.’s’ fourth, fifth, sixth, and eleventh Affirmative
Ijefenses
.
,
.
Background
Information
2.
•‘
On February 3, 2004, Re~pondentfiled its answer and
fourteen affirmative defenses to the complaint. On March:5,
20,04, Complainant, filed a Motion to Strike al,1;of Respondent’s
Affirmative Defenses (“Motion to Strike”) On April 3, 2004,
Respondent filed a Response to the Motion to Strike (“Response”)
in which it withdrew its first, third, seventh, eighth, ninth,
and tenth affirmative defense’s.
‘
FollOwing Complathant’s Reply
to the Response, on May 20, 2004 the Board issued an order in
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE’ OF ILLfl~OIS,
)
by LISA MADIGAN, Attorney
‘ ‘
)‘
General of the State of Illinois
Complainant’,
‘V.
RECEIVED
CLERK’S OFFICE
JUL08 2004
STATE OF ILLINOIS
Pollution Control Board
1:
w1~ic1~ii~t struck Respondent’s second, twelfth, thirteenth, and
fourteenth affirmative defenses. In the May 20,’ 2004 order, the
B~rd~li’ned to strike the.fourth, fifth, sixth, and eleventh
affirmative defenses.. The fourth, fifth, sixth, and eleventh
affirmative defenses and complainant’s corresponding answers are
as follows:
‘
‘
‘Affirmative Defense
No. 4.
Complainant’s claims are barred, in whole or in part, by the
doctrine of laches because’the Agency had known of the
violations for years, but waited until January 31, 2002 to issue
and serve a Violation Notice upon Aargus.
Answer~ Complainant denies the allegations in Respondent’s
Affirthative Defense No.. 4.
Affirmative Defense’ No. 5.
Complainant’s claims have been waived, in whole or in part,’
because Complainant knew or should have known of its rights to
take enforcethent action against Aargus, but relinquished those
rights by failing to take action.
‘
‘
Answer: Complainant denies the allegations in Respondent’s
Affirmative Defense No. 5.
‘
‘
Affirmative Defense No. ‘6.
Complainant’s claims are barred, in whole or in part, by the
doctrine of estoppel because the .Agency regularly inspected the
Aargus’ facility, knew or s-iould have known or the alleged
2
violations, yet did not inform Aargus that it was allegedly
violating applicable requirements. Consequently, the Agency
authorized Aargus’ practiOes and operations.
‘
Answ~L Complainant denies the allegations in Respondent’s
Affirmative Defense No. 6.,
‘
‘ .‘
Affirmative Defense No. 11.
Tie IEPA failed to fairly advise Aargus of the applicable
‘requiremen~s and
did’not providefair notice bf ‘those
requirements.
“
‘
‘
‘
Answe~ Complainant denies the al4egations ‘in
Respondent’s
Affirmative Defense No,. 11.
‘ ‘‘ ‘ ‘
‘
PEOPLE’ OF THE STA’TE OF ILLINOIS’,
ex
rel.
LISA
MADIGAN,
‘
Attorney General: of the
‘
State of Illinois,
... ‘
‘ “
By
____________
JOEL J. STERNSTEIN
‘
Assistant Attorney General
. ‘ ‘ ‘
Environmental Bureau
:‘ .
188 W. ‘Randolph St.’.
-
20th Fl.
Chicago, IL 60601
,
‘
, ‘
(312) 814-6986
,;
‘
G \Env1ronmer~a1En~orcement\JOEL\CaseDocument~\AargusPlastics\Motions\ans affirmative defenses wpd
3
‘
CERTIFICATE OF SERVICE
I, JOEL J. STERNSTEIN, an Ass’istant Attorney General,
certify’ that on the
gth
day of July 2004, ‘I caused to be served
by First Class’ Mail the foregoing Motion for ,Leave to File
Answers to Respondent’s Affirmative ‘Defenses and Complainant’s
Answers to Respondent’s Affirmative Defenses to the parties
‘named on,the attached servi.ce’l,ist, by depositing same in
postage prepaid envelopes with the United’ States Postal Service
located at 100 West Randolph Street, Chicago, Illinois .60601.
JOEL J. STERNSTEIN
