20

OCT

152008

OIItjn

STATE

OF

Control

ILLINOIS

Board

OFFICE

OF THE ATTORNEY

GENERAL

STATE OF ILLINOIS

Lisa Madigan

ATTORNEY GENERAL

October 10, 2008

John T. Therriault

Assistant Clerk of

the Board

Illinois

Pollution Control Board

James R. Thompson

Center, Ste. 11-500

100 West Randolph

Chicago,

Illinois 60601

Re:

People v. Meyers Industries,

Inc.

PCB

No. 09-16

Dear Clerk:

Enclosed for filing please find the

original and ten copies

of a Notice of Filing and

Motion

to

Amend by Interlineation in regard

to the above-captioned matter.

Please file the originals

and

return file-stamped copies to

me in the enclosed envelope.

Thank you for your cooperation

and consideration.

Stepnerv.i.

anasie

Environmental

Bureau

500 South Second Street

Springfield,

Illinois 62706

(217) 782-9031

SJJ: pjk

Enclosures

500 South Second Street,

Springfield, Illinois 62706

• (217) 782-1090 • ‘ITY:

(877)

844-5461

• Fax: (217)

782-7046

100 West Randolph Street,

Chicago, Illinois 60601

• (312) 814-3000 • TT’Y:

(800)

964-3013

• Fax: (312) 814-3806

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

PEOPLE

OF THE

STATE

OF

ILLINOIS,

)

)

Complainant,

)

v.

)

PCB

No. 09-16

Ml!,

INC.,

Respondent.

NOTICE

OF

FILING

To:

MEYERS

INDUSTRIES,

INC.

do

Paul E.

Presney

OCT

.4

726 South

Second

Street

o

LLiNO

Springfield,

IL

62704

S

0

ju

1

on

ContrO’

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,

a MOTION

TO AMEND

BY

INTERLINEATION,

copies

of

which

are

attached

hereto

and herewith

served

upon you.

Respectfully

submitted,

PEOPLE

OF THE

STATE

OF

ILLINOIS

LISA

MADIGAN,

Attorney

General

of the

State

of

Illinois

MATTHEW

J.

DUNN,

Chief

Environmental

Enforcement/Asbestos

STE’H

JASlE

Assistant

A

torney

General

Environmental

Bureau

500

South

Second

Street

Springfield, Illinois

62706

217/782-9031

Dated:

October

10,

2008

---

CERTIFICATE

OF

SERVICE

I

hereby

certify

that

I

did

on

October

10, 2008,

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

MOTION

TO AMEND

BY

INTERLINEATION

To:

MEYERS

INDUSTRIES,

INC.

do

Paul

E.

Presney

726 South

Second

Street

Springfield,

IL

62704

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

A

Stephe

Ja

s

Assistant

At or

ey General

This

filing

is

submitted

on recycled

paper.

---

BEFORE THE

ILLINOIS

POLLUTION

CONTROL BOARD

PEOPLE

OF THE STATE

OF ILLINOIS,

)

)

Complainant,

)

)

V.

)

PCB

No. 09-16

Mu, INC.,

)

Respondent.

)

OCt

t.5

2O

sd

MOTION TO

AMEND BY lNTERLINEATlON

0

NOW COMES

the Complainant,

PEOPLE OF THE

STATE

OF

ILLINOIS,

by

LISA

MADIGAN, Attorney

General

of the State of Illinois,

and

moves

this Board to permit

amendment

of the

previously entered

Complaint by

interlineation. In support

of this motion,

the

Complainant

states as

follows:

1.

On September 12, 2005,

Complainant

filed a Complaint

before the

Board.

2.

On

the

first page

of that Complaint,

there are

two typographical

artifacts

regarding

the

Respondent’s

name.

3.

Attached is the corrected

page.

WHEREFORE,

Plaintiff respectfully

prays

that this Court grant

the Motion for

Amendment

by Interlineation

by substitution

of the attached page

for

the original.

1

---

Respectfully

Submitted,

500

South Second Street

Springfield,

Illinois

62706

217/782-9031

Dated: October 9, 2008

PEOPLE

OF THE STATE OF ILLINOIS,

LISA MADIGAN,

Attorney General

of the

State of

Illinois,

MATTHEW

J.

DUNN,

Chief

Environmental

Enforcement! Asbestos

Litigation

Division

J.

JANASIE

Assistant Attorney

General

Environmental

Bureau

2

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

PEOPLE

OF

THE STATE

OF ILLINOIS,

)

)

Complainant,

v.

)

PCB

No. 09-16

MII,

INC.,

)

)

Respondent.

COMPLAINT

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

by LISA

MADIGAN,

Attorney

General

of the

State

of

Illinois,

complains

of Respondent,

MII, INC.,

as

follows:

COUNT

I

OPEN

DUMPING

1.

This

count

is brought

on behalf

of

the

People

of

the State

of Illinois,

ex rel.

Lisa

Madigan,

the

Attorney

General

of

the

State

of

Illinois,

on her

own motion

and

at the request

of

the

Illinois

Environmental Protection

Agency

(“Illinois

EPA”),

pursuant

to

Section

31

of

the

Illinois

Environmental

Protection

Act

(“the

Act”),

415

ILCS

5/31 (2006).

2.

The

Illinois

EPA

is

an

agency

of the

State

of Illinois

created

by the

Illinois

General

Assembly

in Section

4

of

the

Act,

415 ILCS

5/4

(2006),

and

charged,

inter

alia,

with

the

duty

of

enforcing

the

Act.

3.

The

Respondent,

MII, INC.

(“MII”),

is

a

Delaware

corporation

in

good

standing.

Attorney

Paul

E. Presney,

726 South

Second

Street,

Springfield,

Illinois

62704

is

the

company’s

registered

agent.

4.

At all

times

relevant

to this

Complaint,

Mll

was

the

owner of

a

manufacturing

facility

(“facility”)

located

at 2200

West

5

1h

Street

Road,

Lincoln,

Illinois

62656.

Mll

manufactured

store

fixtures

and

shelving

of particle

board,

wood,

and laminates

at

the

facility.

5.

On

September

7, 2006,

Illinois

EPA

performed

an

inspection

of the

facility.