One of Its Attorneys
By
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PARTYLITE WORLDWIDE, INC.,
v.
Petitioner,
cLewelvEnPIK'S
OFFicr
PCB No. 08-32
?
DEC 1 7 2007
ILLINOIS ENVIRONMENTAL
?
pollution Control Bastid
PROTECTION AGENCY,
Respondent.
NOTICE OF FILING
TO:?
See attached service list.
PLEASE TAKE NOTICE
that on December 17, 2007, we filed with the Illinois
Pollution Control Board an original and nine (9) copies of Petitioner's Motion for Expedited
Review, in the above-referenced matter on behalf of PartyLite Worldwide, Inc., a copy of which
is hereby served upon you.
DATED:December 17,
2007?
Respectfully submitted,
PARTYLITE WORLDWIDE, INC.
Eric E. Boyd
Meagan Newman
SEYFARTH SHAW LLP
131 South Dearborn Street
Suite 2400
Chicago, Illinois 60603
(312) 460-5000
THIS FILING PRINTED ON RECYCLED PAPER
C111 11379542 1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PARTYLITE WORLDWIDE, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
PCB No. 08-32
(Air-Permit Appeal)
RECEIVED
CLERICS OFFICE
DEC 1 7 2007
PSTATE
ollution
OF
Control
ILLINOISBoard
Respondent.
MOTION FOR EXPEDITED REVIEW
NOW COMES Petitioner, PartyLite Worldwide, Inc. ("PartyLite"), by and through its
attorneys, SEYFARTH SHAW LLP, pursuant to Section 101.512 of the Illinois Administrative
Code, 35 III. Adm. Code § 101.512, and moves the Board for expedited review of the Petition for
Hearing filed by PartyLite with respect to the Illinois Environmental Protection Agency's (the
"Agency") failure to act on PartyLite's CAAPP application. In support thereof, PartyLite states
as follows:
INTRODUCTION
On November 2, 2007, PartyLite filed a Petition for Hearing, pursuant to Section
40.2(a) of the Illinois Environmental Protection Act (the "Act"), 415 ILCS 5/40.2(a), and Section
105.304 of the Illinois Administrative Code, 35 III. Adm. Code § 105.304, seeking review of the
Illinois Environmental Protection Agency's (the "Agency's") failure to act on PartyLite's
CAAPP application.
2.
?
PartyLite seeks expedited review of the Agency's failure to act because the
Agency has continued to fail to take the required action with respect to PartyLite's CAAPP
application and has similarly failed to comply with the Board's procedural rules for this matter.
C111 11376515.1
THIS FILING PRINTED ON RECYCLED PAPER
3.
As of the date of this filing, the Agency has failed to act on PartyLite's CAAPP
application, has failed to enter an appearance in this matter, as required by 35 Ill. Adm. Code §
105.302(1), and has failed to file the record with the Board, as required by 35 Adm. Code §
105.116 and § 105.302(f).
4.
The Agency's inaction has caused, and will continue to cause, material prejudice
to PartyLite. PartyLite's ability to conduct its business has been impaired by the Agency's
failures. Although a hearing in this matter has been scheduled, requiring the parties to appear at
hearing is unnecessary given the straightforward nature of this matter.
FACTUAL AND PROCEDURAL BACKGROUND
5.
On September 28, 2005, PartyLite submitted an application for an initial FESOP
on a CAAPP application form to the Agency for its candlemaking facility located at 601
Kingsland Drive, Batavia, Illinois, pursuant to Section 504 of the Clean Air Act, 42 USC
§ 7661b(c), and Section 39.5 of the Act.
(See
Affidavit of Robert Harrington, attached as
Exhibit A).
6.
On or about November 3, 2005, the Agency sent a notice to PartyLite informing
PartyLite that its CAAPP application was complete pursuant to Section 39.5 of the Act.
(See
CAAPP Application Completeness Determination and Source Fee Determination, attached as
Exhibit
B).
7.
Pursuant to 415 ILCS 5/39.5(5)(j), the Agency must act on initial CAAPP
applications within two (2) years after the date of a completed application. The two (2) year time
period for Agency action begins to run from the date that a complete application was submitted.
8.
As of the date of this Motion, the Agency has failed to take any action on
PartyLite's initial CAAPP application.
(See
Exhibit A).
2
CHI 11376515.1
THIS FILING PRINTED ON RECYCLED PAPER
9.
If the Agency fails to act within two (2) years, its failure to act is treated as a final
permit action for purposes of judicial review pursuant to Sections 40.2 and 41 of the Act. 415
ILCS 5/39.5(5)(j). PartyLite, therefore, filed its Petition for Hearing, pursuant to Section 40.2(a)
of the Act and Section 105.304 of the Illinois Administrative Code, 35 III. Adm. Code § 105.304.
REQUESTED RELIEF
10.
PartyLite requests that the Board grant its Motion for Expedited Review, pursuant
to Section 101.512 of the Illinois Administrative Code, 35 Ill. Adm. Code § 101.512, and that the
Board issue an Order requiring the Agency to issue PartyLite a CAAPP permit, as requested in
its application submitted on September 28, 2005, within 90 days. This timeframe allows the
Agency sufficient time to review PartyLite's CAAPP permit application and comply with its
public notice and comment obligations.
11.
The Board now has before it all of the facts and information necessary for it to
reach a determination regarding the Agency's failure to meet the statutory requirements for
action on PartyLite's initial CAAPP permit application. The Agency's delay has prejudiced
PartyLite and any further delay in the Board's review of the Agency's inaction will cause
PartyLite additional prejudice. The Agency should not be able to extend its time to act on
PartyLite's CAAPP application by failing to comply with the Board's procedural rules with
respect to PartyLite's Petition for Hearing.'
Pursuant to Section 101.800 of the Illinois Administrative Code, 5 III. Adm. Code §
101.800, the Board may enter a judgment by default against the Agency for failure to comply
with the Board's procedural rules.
3
CHI 11376515. 1
THIS FILING PRINTED ON RECYCLED PAPER
One of Its Attorneys
By
WHEREFORE, PartyLite respectfully requests that the Board grant its Motion for
Expedited Review and order that the Illinois Environmental Protection Agency issue PartyLite's
requested CAAPP permit within 90 days.
DATED: December 17,
2007?
Respectfully submitted,
PARTYLITE WORLDWIDE, INC.
Eric E. Boyd
Meagan Newman
SEYFARTH SHAW LLP
131 South Dearborn Street
Suite 2400
Chicago, Illinois 60603
(312) 460-5000
CH 1 11376515.1
4
THIS FILING PRINTED ON RECYCLED PAPER
Exhibit A
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PARTYLITE WORLDWIDE, INC.,
Petitioner,
PCB No. Og-
3 2-
v.
(Air-Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
AFFIDAVIT OF ROBERT HARRINGTON
I, Robert Harrington, Ph.D., D.A.B.T., being duly sworn, hereby depose and state as follows:
1.
My name is Robert Harrington. I am Director of Regulatory, Safety and
Analytical Sciences for PartyLite. My office is located at 603 Kingsland Drive, Batavia, IL
60510. In this position I am knowledgeable regarding PartyLite's regulatory and environmental
affairs, including matters related to permitting.
2.
On September 28, 2005, PartyLite submitted an application for an initial FESOP
on a CAAPP application form, pursuant to Section 504 of the Clean Air Act, 42 USC § 7661b(c),
and Section 39.5 of the Illinois Environmental Protection Act, 415 ILCS 5/40.2(a), to the Illinois
Environmental Protection Agency (the "Agency") for its candlemaking facility located at 601
Kingsland Drive, Batavia, Illinois.
3.
On or about November 3, 2005, the Agency sent a notice to PartyLite informing
PartyLite that its CAAPP application was complete pursuant to Section 39.5 of the Act.
4.
As of today, December 12, 2007, the Agency has failed to take any further action
regarding PartyLite's CAAPP application. PartyLite has not received any notification of a
determination made regarding its CAAPP application.
CHI 11375908.1
THIS FILING PRINTED ON RECYCLED PAPER
Notar
C
Further affiant sayeth not.
Signed to und sworn before me
this /a day of De ber, 2017.
CHARLOTTE
?
JO
HNo
NSON-DUNLOP
ry„0:Futolic:AstLaSteEAofLI'll'inois
My
ComOssion expires
03/03/10
CHI 11375908.1
2
THIS FILING PRINTED ON RECYCLED PAPER
Exhibit B
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
14)21 New rti GOND ikvfN
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P.O,
fl
11506,
SPeratE1.0,
62794-_,506-(
217) 7131-2111
Roc
R.
BLAcols,10-1,
GOVERNOR DOOGLAS
P.
SO1TT, 0040:11 04
217/785-S151
CAAPP APPLICATION COMPLETENESS DETERMINATION
AND
SOURCE FRE
ogrnmitiArion
APPLICANT
Party
Lite
Attn: Paul Birch
601 Kingsland
Drive
Batavia, Illinois 60510
Date of Determination.
Application/Permit No-
I.D. Number:
Data Received:
Source Warne:
Location of Source:
bear mr. Birch;
•
November
3, 2005
05090062
059413AAM
September 20, 2005
Party Lite
601 Eingeland Drive, Batavia
This lettee provides notification that your Clean
'
Air Act Permit Program (CAAPP)
application received on the date indicated above, has been determined by the
Agency to be complete pursuant to Section 39.5(5) of the Illinois Environmental
Protection Aet (Act).
As provided in Section 39.5(15r
.
of the Act,
a
CAAPP source shall pay a fee.
Attached is
the annual fee bill for this CAAPP source as determined from
information included in your application,
on
form 292-CAAPP -
FEB
DETERMINATION
FOR CAAPP PERMIT. Payment of the fee is due within 45 days of
the billing date
indicated
ma
the billing statement.
Notwithstanding the completeness determination. the Agency may request additional
information necessary to evaluate or take final action On the CAAPP application.
If such additional information affects your allowable emission limits, a revised
form 292-CAAPP-TEE DETERMINATION VOR
clap? PERMIT must be submitted
with
the
requested information. The failure to submit co the Agency the requested
information within the time frame specified by the. Agency, may force
the Agency to
deny your CAAPP application pursuant co Section
39.S
of the Act.
If
you have any questions regarding this matter. please contact the Division of
Air Pollution Control Permit Section at 217/785-5151.
Sincerely,
Donald E Sutton,
C,
P.E.
Si:t
?
in; Pt
fel
ric
manager, Permit Section
Division of Air Pollution control
DES/IMO:pal
snelosurets)
CC:?
FOE,
Region 1
At2
lication File
Compliance Systems Management SeCtio-
'"1/VIVU•AN teit"
CERTIFICATE OF SERVICE
I, Meagan Newman, hereby certify that I caused copies of the attached
NOTICE OF
FILING
and
MOTION FOR EXPEDITED REVIEW
to be served on:
SERVICE LIST
Ms. Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
(Via Hand Delivery)
Julie Armitage
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794
Maureen Wozniak
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794
by United States Mail, first-class postage affixed thereto, at 131 S. Dearborn Street, Chicago,
Illinois 60603, first class postage prepaid on December 17, 2007.
THIS FILING PRINTED ON RECYCLED PAPER
C111 11379542.1