ILLINOIS POLLUTION CONTROL BOARD
    May 19, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MIDWEST GRAIN PRODUCTS OF
    ILLINOIS, INC., an Illinois Corporation,
     
    Respondent.
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    PCB
    97-179
     
    (Enforcement – Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    This matter is before the Board on an April 7, 1997 complaint filed by the People of the
    State of Illinois (People) against Midwest Grain Products of Illinois, Inc., an Illinois corporation
    (Midwest). In the complaint, the People allege that Midwest committed violations of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2002)) and associated regulations by
    exceeding statutory emission rates, by not completing a best available control technology
    (BACT) analysis or installing a BACT system, by discharging particulate matter in excess of
    permitted emission limitations into the environment, by operating feed dryers in excess of
    construction permit emission limitations, and by operating two feed dryers without first
    obtaining an operating permit. The People allege these violations occurred at a facility located at
    South Front Street and Distillery, Pekin, Tazewell County.
     
    On April 22, 2005, attorney Patrick M. Flachs (Flachs) filed a motion requesting to
    appear
    pro hac vice
    as counsel for Midwest. Flachs asserts that he is an attorney and has been
    licensed to practice law in the State of Texas since November 6, 1978, and the State of Missouri
    since December 19, 1996. Mot. at 1. He asserts that he is a partner and practices in the
    environmental and regulatory practices group at Husch & Eppenberger, L.L.C. Mot. at 2.
     
    To date, the People have not filed a response to the motion for leave to appear
    pro hac
    vice
    . If a party files no response to a motion within 14 days the party will be deemed to have
    waived objection to the granting of the motion.
    See
    35 Ill. Adm. Code 101.500(d). The Board
    hereby grants the motion for Flachs to appear
    pro hac vice
    before the Board.
      
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 19, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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