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PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V .
CSX TRANSPORTATION, INC .,
a Virginia corporation,
Respondent.
RECEIVED
CLERK'S
OFFICE
BEFORE THE
DEC 1
4' 2005
ILLINOIS POLLUTION CONTROL BOARD
To :
Kristen Laughridge
Assistant Attorney General
.
Environmental Bureau
Illinois Attorney General's Office
500 South Second Street
Springfield, IL 62706
Carol Webb, Hearing Officer
Dorothy M. Gunn
Illinois Pollution Control Board
Illinois Pollution Control Board
1021 North Grand Avenue East
James R. Thompson Center
Post Office Box 19274
100 West Randolph Street, Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
PLEASE TAKE NOTICE that today I have filed with the Office of the
Clerk of the Pollution Control Board the ANSWER and AFFIRMATIVE DEFENSES
of CSX Transportation, Inc. in the above titled matter. A copy is hereby served upon
you .
B
David L. Rieser
One of its Attorneys
DATED
:
December , 2005
MCGUIREWOODS LLP
77 West Wacker Drive, Suite 4100
Chicago, Illinois 60601
(312) 849-8100
STATE OF ILLINOIS
Pollution Control Board
PCB 06-51
(Enforcement - Air, Water, Land)
NOTICE OF FILING
 
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 06-51
(Enforcement- Air, Water, Land)
CSX TRANSPORTATION, INC .,
)
a Virginia corporation,
)
Respondent.
ANSWERand
AFFIRMATIVE DEFENSES
NOW COMES Respondent, CSX Transportation, Inc . ("CSXT"), by and through
its attorneys, McGuireWoods LLP, and for its Answer and Defenses states and alleges as
follows .
COUNT I
I .
This allegation states a legal conclusion and no further answer is required
.
2
.
This allegation states a legal conclusion and no further answer is required
.
3
.
This allegation states a legal conclusion and no further answer is required .
4 .
CSXT admits that it is a Virginia corporation but denies all other allegations
stated herein
.
5
.
CSXT admits that a derailment occurred on December 22, 2005 near Paris,
Illinois, but denies the remaining allegations of Paragraph 5
.
6
.
CSXT admits the allegations of Paragraph 6
.
7 .
CSXT denies the allegations of Paragraph 7 but states that approximately 5,600
gallons of diesel fuel was released from the engines .
8 .
CSXT admits the allegations of Paragraph 8
.
9
.
CSXT admits the allegations of Paragraph 9
.
RECEIVED
CLERK'S OFFICE
DtC I ~ 2005
 
10 .
CSXT does not admit or deny the allegations of Paragraph 10 but demands strict
proof thereof .
11 .
CSXT denies the allegations of Paragraph 11 but states that HCI was released to
the field adjacent to the tracks .
12 .
CSXT denies the allegations of Paragraph 12, but states that the City of Paris and
the Illinois EPA ordered precautionary evacuations in the surrounding area .
13 .
CSXT denies the allegations of Paragraph 13 but states that HCI is considered
corrosive .
14 .
This allegation states a legal conclusion and no further answer is required
.
15 .
This allegation states a legal conclusion and no further answer is required
.
16 .
CSXT denies the allegations of Paragraph 16
.
Wherefore, CSXT respectfully requests the Board to deny all relief requested by
the Complainant .
COUNT II
1 - 14. CSX restates and incorporates by references its answers to Paragraphs 1 - 14 of
Count I as Paragraphs 1 - 14 of this Count II as though fully stated herein
.
15
.
This allegation states a legal conclusion and no answer is required
.
16 .
This allegation states a legal conclusion and no answer is required
.
17 .
CSX denies the allegations of Paragraph 17
.
18 .
CSX denies the allegations of Paragraph 18
.
19
.
CSX denies the allegations of Paragraph 19 .
Wherefore, CSX respectfully requests the Board to deny all relief requested by
the Complainant
.
 
COUNT III
1 - 14. CSX restates and incorporates by references its answers to Paragraphs 1
- 14 of
Count I as Paragraphs 1 - 14 of this Count III as though fully stated herein .
15 .
This allegation states a legal conclusion and no answer is required
.
16
This allegation states a legal conclusion and no answer is required
.
17
.
This allegation states a legal conclusion and no answer is required .
18
.
CSX denies the allegations of Paragraph 18
.
19 .
CSX admits the allegations of Paragraph 19 .
20 .
This allegation states a legal conclusion and no answer is required
.
21 .
CSX denies the allegations of Paragraph 21
.
22 .
CSX denies the allegations of Paragraph 22 .
Wherefore, CSX respectfully requests the Board to deny all relief requested by
the Complainant.
AFFIRMATIVE DEFENSES
1 .
Plaintiff fails to state a claim on which relief can be granted
.
2 .
Plaintiff failed to comply with the requirements of Section 31 of the Illinois
Environmental Protection Act
.
3
.
The Board has no jurisdiction to hear actions or issue injunctions pursuant to
Section 43 of the Illinois Environmental Protection Act
.
4
.
Even if the Board had such jurisdiction, no action can be brought pursuant to
Section 43 since no current emergency is alleged
.
 
5
.
The Board has no basis to issue an order CSXT to "cease and desist" since the
releases alleged in the complaint have been addressed through a Compliance
Commitment Agreement presented to the Illinois Environmental Protection Agency
.
6 .
The Board has no jurisdiction to penalize CSXT with regard to the derailment
.
7 .
The Board has no basis to award attorneys fees, since the Attorney General has
not alleged (and cannot allege) that the violations stated in the complaint were the result
of "willful,
knowing or repeated violations"
of
the Illinois Environmental Protection Act
as required pursuant to Section
42(f) .
Wherefore, CSXT respectfully requests that the Board dismiss this complaint with
prejudice .
Dated: December/'j
,
2005
McGuireWoods LLP
77 West Wacker, Suite
4100
Chicago, IL 60601
Telephone :
312/849-8100
\\REA\290805 . I
Respectfully submitted,
CSX TRANSPORTATION, INC
.
ByL
David L . Rieser
One
of
its Attorneys
 
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v .
)
PCB 06-51
(Enforcement - Air, Water, Land)
CSX TRANSPORTATION, INC .,
)
a Virginia corporation,
)
Respondent
.
)
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Answer and Affirmative
Defenses upon those listed on the attached Notice of Filing by first class mail, postage
affixed .
Respectfully submitted,
CSX TRANSPORTATION, INC .
By
Dated: December 14, 2005
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Telephone: 312/849-8100
VARHAA290805 .1
Davi
er
One of its Attorneys

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