BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE OF
THE
STATE
OF ILLINOIS
Complainant,
V.
TOYAL
AMERICA, INC.,
fonnerly known
as
ALCAN-TOYO
AMERICA, NC., a
foreign corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
PCB
No.
00-2
1 1
(Enforcement)
‘V
23
200
Via
U.S.
Mail
NOTICE OF FILING
TO:
Christopher
Grant
Bradley P. Halloran
Assistant
Attorney General
Hearing
Officer
Environmental
Bureau
Illinois Pollution
Control
Board
69 West
Washington Street, 18 Floor
James R. Thompson
Center, Suite 1 1-500
Chicago,
IL
60602
100
W. Randolph Street
Chicago,
IL 60601
John
ThelTiault, Assistant Clerk
Illinois Pollution Control Board
100 West
Randolph Street
Suite
11-500
Chicago,_IL_60601
PLEASE
TAKE NOTICE that on
Friday, January
23, 2009, we
filed the attached
Motion for
Leave
to
File Instanter and
Motion
to Correct the Hearing
Transcript with the
Clerk
of
the
Illinois Pollution
Control Board,
a copy of which is herewith
served
upon
you.
Respectfully
submitted,
Roy
M.
Harsch
Yesenia
Villasenor-Rodriguez
DRINKER
BIDDLE &
REATH
LLP
191 N.
Wacker
Drive
Suite
3700
Chicago,
IL
60606-1698
Telephone:
(312) 569-1000
Facsimile:
(312) 569-3000
TOYAL
AMERICA,
INC.
By:
THIS FILING IS
SUBMITTED
ON
RECYCLED PAPER
CHOir
25292322.1
4N
23
2OQo
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
0
•Uu
O,iI,
cor,j’fNOis
PEOPLE
OF
THE
STATE
OF ILLINOIS
)
)
Complainant,
)
)
v.
)
PCB No.
00-211
)
(Enforcement)
TOYAL
AMERICA,
INC.,
formerly
known
)
as
ALCAN-TOYO
AMERICA,
INC.,
a
)
foreign
corporation,
)
)
Respondent.
)
TOYAL’S
MOTION
FOR
LEAVE
TO
FILE
INSTANTER
Now
here
comes
Toyal
America,
Inc. (“Toyal”)
by
and
through
its
Attorneys,
DRINKER
BIDDLE
&
REATH
LLP
and respectfully
requests
that the
Illinois
Pollution
Control
Board
(“Board”)
allow
the
filing of
Toyal’s
Motion
to
Correct
Hearing
Transcript
instanter.
In
support,
Toyal
states
as follows:
1.
The
transcript
records
for the December
10th
and
11th
hearing
dates
in
this
matter
were
filed with
the
Board
on December
30, 2008.
2.
Due
to the
holiday
schedule
and
Toyal
Plant
shutdown,
Toyal
was
not
made
aware
that the
transcripts
were
available
until
after the
new
year.
3.
Toyal’s
witnesses
have reviewed
the transcript
records
and
noted
certain
typographical
errors
that they
wish
to
correct.
4.
Toyal
has confirmed
with
Assistant
Attorney
General
Grant
that
it wishes
to
make
corrections.
Mr. Grant
has
no objections
to
the
filing
of this
Motion
for
Leave
to File
Instanter.
CHOI/
25291680.1
WHEREFORE,
for all
the foregoing
reasons,
Toyal
respectfully
requests
that
the
Board
grant
this
Motion
for Leave
to
File Instanter
authorizing
the filing
of
the
attached
Motion
to
Correct
Hearing
Transcript.
Respectfully
Submitted,
TOYAL
AMERICA,
INC.,
Date:
January
23,
2009
Roy
M. Harsch
Yesenia
Villasenor-Rodriguez
Drinker
Biddle
&
Reath LLP
191 North
Wacker
Drive,
Suite
3700
Chicago,
Illinois
60606
(312)
569-1441
CHOI/25291680.1
2
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE
OF
THE STATE OF
ILLINOIS
)
CLkflJP
Complainant,
))
J
,v
23
2Og
OPj
v.
)
PCB No. 00-211
Utft)fl
c
0
,$JN
8
Ois
)
(Enforcement)
ar
TOYAL AMERICA, INC., formerly
known
)
as
ALCAN-TOYO AMERICA,
NC., a
)
foreign corporation,
)
)
Respondent.
)
TOYAL’S
MOTION TO CORRECT THE HEARING
TRANSCRIPT
Now here comes Toyal
America, Inc. (“Toyal”) by and through its Attorneys,
DRINKER
BIDDLE
&
REATH LLP
and
pursuant to 35 Ill. Adm. Code Section 101.604
respectfully
requests
that the Illinois Pollution
Control Board (“Board”) grant this Motion to
Correct the
Hearing Transcript. In support, Toyal states as follows:
1.
Toyal’s witnesses
completed their
review
of
the hearing transcripts on January
14,
2009.
Based on their review
of
the
hearing record, the
witnesses
noted certain
typographical
errors
that they wish to correct.
2.
With respect to the December
10,
2008 hearing transcript,
Toyal respectfully
requests
that the Board
make the following
corrections:
i.
Page 208: Line
15 should be changed from “passion” to “position”
ii.
Page 209: Line 2 should be changed from “the then”
to “the”
iii.
Page 209: Line 21 “restructure” should
be
changed
to “destruction”
iv.
Page 224: Line
13
“Anju
Matia”
should
be changed to “Anju Bhatia”
CHO1/ 25292193.1
3.
With
respect
to the December
11,
2008 hearing
transcript, Toyal
respectfully
requests that the Board
make
the following
corrections:
i.
Page 64: Line
11 “coders” should
be “coaters”
ii.
Page
72:
Line
9 “We first see” should
be
“We
first had
to
see”
iii.
Page
72:
Line 11 “talk”
should be
“talked”
iv.
Page 93: Line
3 “Rick Mattis”
should be “Rick
Matus”
v.
Page 121: Line
10 “coal cleaners”
should be “cold
cleaners”
vi.
Page
158: Line 8
“legal” should be
“illegal”
vii.
Page 159:
Line
8 “107,000”
should
be “104,000”
viii.
Page 165:
Line 20
“Stevens”
should be
“Stevenson”
ix.
Page 169:
Line 18 “spend”
should
be “spent”
4.
Toyal does not believe
that the proposed
corrections
will
adversely
impact
Petitioner
in this matter.
Further,
Petitioner’s
post
hearing brief
is not due
until February
16,
2009, and therefore, Petitioner
has
ample time
to
review changes
in preparation
for same.
CHO1/ 25292193.1
-2-
WHEREFORE, for
all
the foregoing
reasons, Toyal
respectfully requests
that the Board
grant
this Motion
to Correct the Hearing
Transcript.
Respectfully Submitted,
TOYAL AMERICA,
INC.,
\\
By o
e of
its attorneys
Date: January
23,
2009
Roy M.
Harsch
Yesenia
Villasenor-Rodriguez
Drinker Biddle & Reath
LLP
191
North Wacker
Drive, Suite 3700
Chicago,
Illinois
60606
(312)
569-1441
CHOI/
25292193.1
— 3 -
CERTIFICATE OF SERVICE
The undersigned
certifies that
a copy
of the
foregoing Motion for Leave
to
File
Instanter and
Motion
to
Correct
the Hearing
Transcript
were
filed
by
hand delivery
with the
Hearing Officer
and
served upon
the parties
to whom said Notice is directed
by first class mail,
postage
prepaid,
by
depositing
in the
U.S.
Mail at 191 North Wacker Drive,
Chicago,
Illinois
on
Friday
January
23, 2009.
THIS FIL1NG IS SUBMITTED
ON
RECYCLED PAPER
CFIO1;
25292322.1