RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
20
2004
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
STATEQFILLINOIS
Pollution Control Board
Complainant,
vs.
)
No. PCB 0 ~
(Enforcement)
?4ECALUX ILLINOIS,
INC.
a Delaware
corporation,
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today,
September 20,
2004,
filed with the Office of the Clerk of the Illinois Pollution
Control Board an original and nine copies. of Motion to File
Amended Complaint,
a copy of which
is attached herewith and
served upon you.
Respectfully submitted,
.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
I
Attorn~yGener4l of the
Iliin~is
BY:
__________
TOPHER
GRANT
A~si~tant
Attorney
General
En’vironmental
Bureau
188
W.
Randolph
St.,
20th
Fir.
Chicago,
IL 60601
(312)
814-5388
L
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARI!~CElVED
CLEf~’5
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
SEP 202004
STATE OF ILLINO S
Complainant,
)
U
IOfl
Control Board
vs.
).
No.
PCB 03-222
(Enforcement)
MECALUX
ILLINOIS,
INC.
a Delaware.
)‘
corporation,
Respondent.
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
NOW COMES Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and
moves the Board for leave to file its First Amended Complaint.
In support thereof,
Complainant states as follows:
1.
On June 6,
2003,
Complainant filed a two count
complaint against the Respondent,
alleging violations of Illinois
Environmental Protection Act
(“Act”),
415 ILCS 5/1 et
seq.
(2002),
and the Board’s Air Pollution regulations.
On August
11,
2003,
the Respondent filed its answer.
.
2.
Following the filing of the original complaint,
Illinois EPA notified the Respondent of additional violations of
the Act, unrelated to’the violations alleged in the ‘original
complaint.
Respondent has agreed to waive the notice and meeting
requirements contained in
Section
31 of the Act,
415 ILCS 5/31
(2002),
for these additional alleged violations.
3.
Complainant does not believe that amending the
1
Complaint will delay resolution of Counts
I and II of the
original complaint.
Rather,
Complainant believes
t’hat
incorporating the newly alleged violations into the instant case
will be in the best interests of the parties, and will save time
and Board resources.
WHEREFORE, Complainant respectfully requests that the Board
grant it leave to file its First Amended Complaint..
‘p
RESPEC~ULLY,SU~’MITTED,
By
_____
Ch~ptopherGrant
As~i~tantAttorney General
•
Eri~yironmentalBureau
188
W.
Randolph
St.,
20th
Fir.
Chicago, Illinois
60601,
‘(312), 814-5388
2
•
CERTIFICATE OF SERVICE
•
•
•
I,
CHRISTOPHER GRANT,
an attorney,
do certify that I caused
to be served this 20th day of September,
2004,
the foregoing
Motion for Leave to Amended Complaint,
and Notice of Filing, upon
the persons listed below, by first class mail, by placing same in
an
envelope
bearing
sufficient
postage
with
the
United
States
Postal
Service
located
at
100
W.
Randolph,
Chicago
Illinois
and
addressed
to:
/
D
CHRISTOPHER
G~T
Service List:’
‘
‘
Mr. Richard Saines
•
Baker & McKenzie
‘
130 E. Randolph
‘
Suite 3500
Chicago,
IL 60601’
•
Mr. Bradley
P. Halloran
•
I
•
Hearing Officer,
•
•
•
Illinois Pollution Control Board
•
•
•
100 W.
Randolph,
•
‘
•
•
•
Chicago,
Illinois 60601
•
•
(By Hand Delivery)
