BEFORE THE ILLINOIS POLLUTION CONTROL BOA~
ERt
~
S OFFICE
V E D
PEOPLE OF THE STATE OF ILLINOIS,
)
I~i
n o
by LISA MADIGAN, Attorney
)
‘~“
u
. 2005
General of the State ofIllinois
)
STATE OF ILLINOIS
Complainant,
Pollution Control Board
v.
)
No. PCB 05-32
.GTC, INTERNATIONAL,
an Illinois corporation,
Respondent.
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKENOTICE that on the 9th day ofJune, 2005, the Plaintiff, PEOPLE OF THE
STATE OF ILLiNOIS, filed with the Illinois Pollution Control Board, its Motion to Voluntarily
Dismiss Its Complaint Without Prejudice, a true and correct copy ofwhich is attached hereto andis
hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
ofthe State ofIllinois
• By:
_________
George D~heophilos
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
20th
Fl.
Chicago, IL 60601
(312)814-6986
DATE: June
9,
2005
SERVICE LIST
Mr. Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
Ms. Maureen Wozniak, Esq.
Illinois Environmental Protection Agency
.1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~
CLERK’S
E C
E
OFFICE
~V E D
PEOPLE OF THE STATE OF ILLINOIS,
)
JUN 092005
ex rel.
LISA MADIGAN, Attorney General
STATE OF ILLINOIS
of
the State of
Illinois,
)
•
Pollution Control Board
)
Complainant,
•
)
)
vs.
)
No.
PCB 05-32
)
(Enforcement
—
Air)
GTC, INTERNATIONAL, INC.,
)
an Illinois corporation,
)
)
Respondent.
)
COMPLAINANT’S MOTION TO VOLUNTARILY DISMISS ITS COMPLAINT
WITHOUT PREJUDICE
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General ofthe State of Illinois, requests that the Illinois Pollution Control Board
(“Board”) dismiss the above captioned complaint without prejudice. In support thereof,
Complainant states as follows:
1.
This action was brought on behalf of the PEOPLE OF THE STATE OF
ILLINOIS by LISA MADIGAN, Attorney General of the State of Illinois, on her own
motion, arid upon the request of the Illinois Environmental Protection Agency (“Illinois
EPA”) pursuant to Section 31 ofthe Illinois Environmental Protection Act (“Act”), 415
ILCS 5/31 (2002).
2... ~
INTERNATIONAL (“GTC”) on August 18, 2004.
3.
GTC INTERNATIONAL, INC is an assumed name of Silver Capital
Corporation. Silver Capital Corporation filed Chapter 7 Bankruptcy on November 1,
2004 in the Phoenix District ofthe United States Bankruptcy Court ofArizona.
4.
A November 10, 2004 inspection of GTC’s Bedford Park facility by the
Illinois EPA revealed that operations at the facility had ceased.
5.
On January 19, 2005, Complainant filed a motion to deem facts admitted
and for summaryjudgment in the above captioned enforcement action.
6.
On January 27, 2005, Marks, Marks, and Kaplan, the law firm which had
been representing GTC, filed its Notice of Withdrawal of Counsel for Respondent with
the Board. No answer was filed on GTC’s behalf and GTC never participated in any
status conferences after its counsel’s withdrawal.
7.
On March 3, 2005, the Board granted Complainant’s motion to deem facts
admitted and for summary judgment and directed the parties to hearing on the issue of
remedies.
8.
Tn light ofthe Chapter 7 Filing, the Complainant has determined that it is
unlikely that Complainant would be able to collect any judgment that might be entered
against GTC; and that, therefore, further enforcement proceedings would not be a
productive use of either the Complainant’s or the Board’s limited resources.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
• •••••••
M~
complaint without prejudice.
2
Respectfully submitted,
PEOPLE OF THE STATE OF ILLiNOIS,
ex rel.
LISA MADIGAN,
Attorney General ofthe
State ofIllinois
BYGEORGE
‘N~
t~
THEOPHILOS/
\
~fl~
. /
~9
Assistant A~omeyGeneral
Environmental Bureau
188 W. Randolph Street, 20th Floor
Chicago, IL 60601
(312) 814-6986
3
•
CERTIFICATE OF SERVICE
•
I, George D. Theophilos, an attorney, do certify that I caused the forgoing Notice ofFiling
together with Complainant’s Motion to Voluntarily Dismiss Its Complaint Without Prejudice, to be
served on each ofthe above-named persons, by placing the same in a properly addressed envelope,
with postageprepaid, and depositing the same in the U.S. Mail ,before 5:00p.m. this
9th
day ofJune.
