RECEIVED
CLERKS OFFICE
GRAND PIER CENTER LLC
)
AMERICAN INTERNATIONAL
)
FEB 0 8 2006
SPECIALTY LINES INSURANCE CO
.
)
as subrogee of
GRAND PIER CENTER LLC,
)
STATE OF
ILLINOIS
Pollution Control Board
Complainants,
)
PCB 05-157
v.
)
(Enforcement)
Respondents
.
)
RIVER EAST LLC
CHICAGO DOCK AND CANAL TRUST
CHICAGO DOCK AND CANAL COMPANY
KERR-McGEE CHEMICAL LLC,
TO :
Frederick S. Mueller
Daniel C. Murray
Garrett L. Boehm, Jr.
JOHNSON & BELL, LTD.
33 West Monroe Street
Suite 2700
Chicago, IL 60603-5404
1:\2470\040\Notice of Filing 02.08.06
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
Donald J. Moran
Bradley Halloran
Pedersen & Houpt
Hearing Officer
161 North Clark Street
Illinois Pollution
Suite 3100
Control Board
Chicago, IL 60601-3242
James R. Thompson
Center - Suite 11-500
Chicago, IL 60601
NOTICE OF FILING
PLEASE TAKE NOTICE that on February 8, 2006, we caused to be filed with the Illinois
Pollution Control Board in the James R. Thompson Center, Chicago, Illinois, TRONOX LLC'S
RESPONSE IN OPPOSITION TO COMPLAINANTS/COUNTER-COMPLAINANT
RESPONDENTS' MOTION TO RECONSIDER THE BOARD'S JANUARY 5, 2006
ORDER, a copy of which is served upon you along with this notice .
Tronox LLC
Michael P. Connelly
Garrett C. Carter
Connelly Roberts & McGivney LLC
One North Franklin Street
Suite
1200
Chicago, Illinois
60606
Tele :
(312) 251.9600
BEFORE THE ILLINOIS
CLERK'S
OFFICE
POLLUTION CONTROL BOARD
FEB 0 8' 2006
GRAND PIER CENTER LLC,
)
STATE OF
ILLINOIS
AMERICAN INTERNATIONAL
)
Pollution
Control Board
SPECIALTY LINES INSURANCE CO .
)
as subrogee of Grand Pier Center LLC,
)
Complainants/
)
Counter-Complaint Respondents,
)
PCB 2005-157
v .
)
(Enforcement)
RIVER EAST LLC,
)
CHICAGO DOCK AND CANAL TRUST,
)
CHICAGO DOCK AND CANAL COMPANY,
)
Respondents,
)
TRONOX LLC,
)
Respondent/
)
Counter-Complaint Complainant
. )
TRONOX LLC'SRESPONSE IN OPPOSITION TO
COMPLAINANTS/COUNTER-COMPLAINANT RESPONDENTS' MOTION TO
RECONSIDER THE BOARD'S JANUARY 5. 2006 ORDER
Respondent/Counter-Complaint Complainant Tronox LLC ("Tronox"),' in
opposition to the Motion to Reconsider, filed by Complainants/Counter-Complainant
Respondents Grand Pier Center LLC and American International Specialty Lines Insurance
Co., as subrogee of Grand Pier Center LLC, (collectively, "Grand Pier"), states as
follows :
Grand Pier's motion for reconsideration fails to identify any new evidence
'
Tronox LLC was formerly known as Kerr-McGee Chemical Company LLC . A
Notice of Name Change was filed with the Board on October 11, 2005
.
or change in the law . See Ill. Admin. Code tit. 35, ยง 101.902 ("In ruling upon a motion
for reconsideration, the Board will consider factors including new evidence, or a change in
the law, to conclude that the Board's decision was in error. ")
.
Rather, Grand Pier is
making an argument that it ought to have made in the underlying motions if it wished the
Board to consider it. The matters addressed in the Board's Order have been sufficiently
argued in the parties' extensive briefing on the underlying motions and the Order of the
Board is sound
.
Tronox respectfully requests that the Board deny Grand Pier's motion to
reconsider the Board's Order of January 5, 2006
.
Respectfully submitted,
TRONOX LLC
DATED: February 8, 2006
Michael P. Connelly
Garrett C Carter
Connelly Roberts & McGivney LLC
One North Franklin Street
Suite 1200
Chicago, Illinois 60606
(312) 251-9600
Peter J. Nickles
J.T. Smith II
Thomas E. Hogan
COVINGTON & BURLING
1201 Pennsylvania Ave ., N.W .
Washington, D.C. 20004-2401
(202) 662-6000
Attorneys for Tronox LLC
2
Subscribed and sworn to
before me February 8, 2006 .
Notary Publi
CERTIFICATE OF SERVICE
I, Gabi Banat, a non-attorney, being first sworn on oath, depose and state that I
served the attached TRONOX LLC'S RESPONSE IN OPPOSITION TO
COMPLAINANTS/COUNTER-COMPLAINANT RESPONDENTS' MOTION TO
RECONSIDER THE BOARD'S JANUARY 5, 2006 ORDER on the attorneys of
record by mailing true and correct copies in a properly addressed, sealed envelope with
appropriate postage affixed and depositing same in the U.S. mail located at One North
Franklin Street, Chicago, Illinois, before 5 :00 p.m. on February 8, 2006
.
OFFICIAL SEAL
KRISTINA L. JUDGE
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11 .6.2007
