Lisa Madigan
ATTORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re
:
People v. CSX Transportation
PCB No. 06-51
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Notice of Filing and
Complainant's Motion to Strike Affirmative Defenses in regard to the above-captioned matter
.
Please file the originals and return file-stamped copies to me in the enclosed, self-addressed
envelope
.
Thank you for your cooperation and consideration
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
December 27, 2005
RECEIVED
CLERKS OFFICE
DEC 2 9 2005
STATE OF ILLINOIS
Pollution Control Board
/(Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax: (618) 529-6416
KLG/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TTY: (312) 814-3374
•
Fax: (312) 814-3806
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 27, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rel . LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
Complainant,
)
vs
.
)
PCB No. 06-51
(Enforcement)
CSX TRANSPORTATION, INC ., a
)
Virginia corporation,
)
Respondent .
)
NOTICE OF FILING
To :
David L. Rieser
McGuire Woods LLP
77 West Wacker Drive, Suite 4100
Chicago, IL 60601
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation ,Pision 2
BY -
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
RECEIVED
CLERK'S OFFICE
DEC 2 9 2005
STATE OF ILLINOIS
Pollution Control Board
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the
Pollution Control Board of the State of Illinois, Complainant's Motion to Strike Affirmative Defenses,
a copy of which is attached hereto and herewith served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
CERTIFICATE OF SERVICE
I hereby certify that I did on December 27, 2005, send by First Class Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING and COMPLAINANT'S MOTION TO
STRIKE AFFIRMATIVE DEFENSES
To
:
David L. Rieser
McGuire Woods LLP
77 West Wacker Drive, Suite 4100
Chicago, IL 60601
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
:
To
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
ISTEN LAUGHRIDGE GALE
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
DEC 2 0 2005
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs
.
)
No. 06-51
(Enforcement)
CSX TRANSPORTATION, a Virginia
)
corporation,
)
Respondent
.
)
COMPLAINANT'S MOTION TO STRIKE AFFIRMATIVE DEFENSES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, and pursuant to Section 2-615 of the Code of Civil Procedure,
735 ILCS 5/2-615 (2004) and Section 103 .204(d) of the Illinois Pollution Control Board's
Procedural Rules, 35 III . Adm. Code 101 .100(b), respectfully moves the Illinois Pollution Control
Board ("Board") for the entry of an order striking the affirmative defenses set forth in the
Respondent's Answer, and states as follows :
The first Affirmative Defense does not plainly set forth facts, but merely states a
legal conclusion . This Affirmative Defense is substantially insufficient in law and does not meet
the Board's procedural requirements ; therefore it should be stricken
.
2 .
The second Affirmative Defense does not plainly set forth facts, but merely
states a legal conclusion. This Affirmative Defense is substantially insufficient in law and does
not meet the Board's procedural requirements ; therefore it should be stricken
.
3
.
The third Affirmative Defense does not plainly set forth facts, but merely states a
legal conclusion . This Affirmative Defense is substantially insufficient in law and does not meet
the Board's procedural requirements; therefore it should be stricken
.
1
4 .
The fourth Affirmative Defense does not plainly set forth facts, but merely states
a legal conclusion. This Affirmative Defense is substantially insufficient in law and does not
meet the Board's procedural requirements ; therefore it should be stricken .
5 .
The fifth Affirmative Defense is regarding a Compliance Commitment Agreement
submitted by the Defendant. The Compliance Commitment Agreement was not accepted . This
Affirmative Defense is substantially insufficient in law and does not meet the Board's procedural
requirements; therefore it should be stricken
.
6
.
The sixth Affirmative Defense does not plainly set forth facts, but merely states a
legal conclusion . This Affirmative Defense is substantially insufficient in law and does not meet
the Board's procedural requirements; therefore it should be stricken .
7 .
The seventh Affirmative Defense does not plainly set forth facts, but merely
states a legal conclusion. This Affirmative Defense is substantially insufficient in law and does
not meet the Board's procedural requirements ; therefore it should be stricken
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, hereby respectfully requests that the Board
strike the Affirmative Defenses propounded by the Respondent
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforc ment D yision
2
BY
STEN LAUGHRIDGE GALE
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
Dated: December 27, 2005
