BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
MACON
COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB NO. 2010-009
)
(Cost Recovery)
WASTE HAULING LANDFILL, INC.,
)
JERRY
CAMFIELD,
A.
E. STALEY
)
MANUFACTURING
CO.,
ARCHER
)
DANIELS MIDLAND,
INC.,
ARAMARK
)
UNIFORM SERVICES, INC., BELL
)
SPORTS,
INC.,
BORDEN
CHEMICAL,
CO.,
)
s
°FICE
BRIDGESTONE/FIRESTONE, INC.,
)
EP
28
CLIMATE CONTROL, INC.,
)
s
CATERPILLAR INC., COMI3E
)
Poj1
ILLINOis
LABORATORIES,
INC., GENERAL
)
rol
Board
ELECTRIC RAILCAR SERVICES
)
CORPORATION, P & H
)
MANUFACTURING, INC., TRINITY RAIL
)
GROUP, INC., TRIPLE S REFINING
)
CORPORATION, and ZEXEL ILLINOIS,
)
INC.
)
)
Respondents.
)
CERTIFICATE
OF SERVICE
The
undersigned certifies that I did
on
the
25
th
day
of
September,
send by U.S.
Mail, postage prepaid, the attached Answer and Affirmative Defenses and Notice of
Filing, by
depositing same in the U.S. Mail at
St.
Louis, Missouri addressed to:
Mr. John Therriault
Carol Webb, Esq.
Assistant Clerk of the Board
Hearing Officer
fllinois Pollution Control
Board
filinois
Pollution
Control Board
100
West Randolph Street
1021 North Grand Avenue East
Suite 11-500
P.O. Box 19274
Chicago, illinois
60601
Springfield, illinois 62794-9274
Error! Unknown document property name.
James
L. Morgan,
Esq.
Matthew
L.
Morgan
Office
of
the Attorney
General
Litigation
Division
500
South
Second
Street
Springfield,
illinois
62706
James
L.
Curtis, Esq.
Jeryl
L. Olson,
Esq.
Elizabeth
Leifel Ash,
Esq.
Seyfarth
Shaw
LLP
131 South
Dearborn
Street
Suite
2400
Chicago,
illinois 60603
Attorneys
for
Tate
&
Lyle Ingredients
Americas,
Inc.
and A.E.
Staley
Manufacturing
Co.
Edward
W.
Dwyer,
Esq.
Edward
Q.
Costa
Hodge
Dwyer
& Driver
Samuels,
Miller,
Schroeder,
Jackson
&
Sly,
3150 Roland
Avenue
LLP
P.O. Box 5776
225 North
Water,
Suite 301
Springfield,
illinois 62705-5776
P.O.
Box 1400
Attorneys
for
P&H
Manufacturing,
Inc.
Decatur,
IL 62525-1400
Attorneys
for
Climate
Control,
Inc.
Kevin
G.
Desharnis
Jeffrey
J.
Zeiger
Jennifer
A.
Simon
David
H. DeCelles
Mayer
Brown
LLP
Kirkland
& Ellis
LLP
71 5.
Wacker
Drive
300 North
LaSalle
Chicago,
illinois
60606
Chicago,
illinois
60654-3406
Attorneys
for Caterpillar,
Inc.
Attorneys
for Triple
S
Refining
Corporation
Theresa
Duckett
Locke
Lord
Bissell
& Liddell
111 South
Wacker
Drive
Chicago,
IL
60606
Combe
Laboratories,
Inc.
Error!
Unknown
document
property name.
2
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
MACON
COUNTY, ILLINOIS
PEOPLE
OF
THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB
NO.
2010-009
)
(Cost Recovery)
WASTE
HAULING LANDFILL,
INC.,
)
JERRY
CAMFIELD, A. E. STALEY
)
MANUFACTURING CO., ARCHER
)
DANIELS MIDLAND, INC.,
ARAMARK
)
UNIFORM SERVICES, INC., BELL
)
SPORTS, INC., BORDEN CHEMICAL,
CO.,
)
BRIDGESTONE/FIRESTONE, INC.,
)
CIVED
CLIMATE CONTROL, INC.,
)
RKS
OFFICE
LABORATORIES,CATERPILLAR
INC.,
INC.,
COMEE
GENERAL
))
SEP
28
200
ELECTRIC RAILCAR SERVICES
)
oTATE
OF
ILLINOIS
CORPORATION,
P & H
)
ut:on
Control
Board
MANUFACTURING, INC., TRINITY RAIL
)
GROUP, INC.,
TRIPLE
S REFINING
)
CORPORATION, and ZEXEL ILLINOIS,
)
INC.
)
)
Respondents.
)
NOTICE OF FILING
TO:
Mr. John
Therriault
Carol
Webb,
Esq.
Assistant Clerk of the
Board
Hearing
Officer
illinois Pollution Control Board
illinois Pollution Control
Board
100 West Randolph Street
1021 North Grand Avenue East
Suite
11-500
P.O. Box 19274
Chicago, illinois 60601
Springfield, illinois 62794-9274
SLC-3379263-1
James
L. Morgan, Esq.
James
L. Curtis, Esq.
Matthew
L. Morgan
Jeryl L.
Olson, Esq.
Office
of the Attorney
General
Elizabeth
Leifel Ash, Esq.
Litigation
Division
Seyfarth
Shaw LLP
500 South
Second Street
131 South
Dearborn Street
Springfield,
Illinois 62706
Suite
2400
Chicago,
illinois
60603
Attorneys for
Tate & Lyle Ingredients
Americas,
Inc. and A.E. Staley
Manufacturing
Co.
Edward W. Dwyer,
Esq.
Edward
Q.
Costa
Hodge
Dwyer
& Driver
Samuels,
Miller,
Schroeder, Jackson
& Sly,
3150 Roland Avenue
LLP
P.O. Box 5776
225
North
Water,
Suite
301
Springfield, illinois
62705-5776
P.O. Box 1400
Attorneys
for P&H Manufacturing,
Inc.
Decatur,
IL 62525-1400
Attorneys
for Climate Control,
Inc.
Kevin
G.
Desharnis
Jeffrey J. Zeiger
Jennifer A.
Simon
David
H. DeCelles
Mayer
Brown LLP
Kirkland & Ellis
LLP
71 S. Wacker
Drive
300 North
LaSalle
Chicago,
illinois 60606
Chicago,
illinois 60654-3406
Attorneys
for
Caterpillar, Inc.
Attorneys
for Triple
S Refining
Corporation
Theresa Duckett
Locke
Lord
Bissell
& Liddell
111 South Wacker
Drive
Chicago, IL 60606
Combe Laboratories,
Inc.
Please take notice that
on this date
I mailed for
filing
with the Clerk
of the
Pollution
Control Board my
Respondent
Bell Sports, Inc.’s Answer
And Affirmative
Defenses
in this cause.
I verify this filing is
submitted on
recycled paper.
5LC-3379263-1
2
Respectfully submitted,
BELL SPORTS, INC., Respondent
John. Collins
HUSCH
BLACKWELL
SANDERS
LLP
190 Carondelet Plaza, Ste. 600
St. Louis, MO 63105
(314) 480-1500 — (telephone)
(314)
480-1505 (facsimile)
Attorneys for
Bell
Sports, Inc.
SLC-3379263-1
3
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
MACON
COUNTY,
ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB
NO.
2010-009
)
(Cost Recovery)
WASTE HAULING LANDFILL, INC.,
)
JERRY
CAMFIELD, A. E. STALEY
)
MANUFACTURING
CO.,
ARCHER
)
DANIELS MIDLAND, INC., ARAMARK
)
UNIFORM
SERVICES,
INC., BELL
)
SPORTS,
INC.,
BORDEN
CHEMICAL,
CO.,
)
BRIDGESTONE/FIRESTONE, INC.,
)
CLIMATE
CONTROL,
INC.,
)
CATERPILLAR INC., COMBE
)
LABORATORIES, INC.,
GENERAL
)
ELECTRIC RAILCAR SERVICES
)
CORPORATION, P & H
)
MANUFACTURING, INC., TRINITY RAIL
)
GROUP, INC., TRIPLE
S
REFINING
)
CORPORATION,
and ZEXEL ILLINOIS,
)
INC.
)
Respondents.
)
RESPONDENT BELL SPORTS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW Defendant Bell Sports, Inc. (“Bell Sports”), by and through
its
undersigned attorneys, and for its Answer to Plaintiff’s First Amended
Complaint states
as
follows:
COUNT
I:
COST RECOVERY
1.
This
Complaint is brought by the Attorney General on her own motion and at
the
request of the illinois
Environmental
Protection Agency (“illinois EPA”), pursuant to the
terms
and provisions of Title
Vifi (Sections
30-34)
of the illinois Environmental Protection Act
(“Act”),
415 ILCS
5/30-34
(2008).
5LC-3372768-1
1
ANSWER
1.
Bell Sports
admits that
Plaintiff’s Complaint
purports
to be brought
pursuant to
the terms and
provisions
of Title VIII (Sections
30-34) of
the Illinois
Environmental
Protection
Act (“Act”),
415 ILCS 5/30-34
(2008).
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
(2008),
and charged, inter
alia, with
the
duty of enforcing
the Act in
proceedings before
the
illinois Pollution
Control Board
(“Board”).
ANSWER
2.
On information
and
belief,
Bell Sports
admits the allegations
contained
in
Paragraph
2 of Plaintiff’s
Complaint.
3.
This Complaint
is brought pursuant
to Section
22.2(f)-(k)
of the Act,
415
ILCS
5122.2(f)-(k)
(2008).
ANSWER
3.
Bell
Sports admits
that Plaintiff’s
Complaint purports
to be brought
pursuant
to
Section
22.2(f)-(k)
of the Act, 415
ILCS
5122.2(f)-(k)
(2008)
but
denies
that
it is
liable under
said
sections
of the
Act.
4.
Respondent,
Waste Hauling
Landfill,
Inc., is a corporation
formerly authorized
to
do business in
the
State of illinois and is
a person
as
defined in Section
3.315 of the Act,
415
ILCS 5/3.315 (2008).
Waste
Hauling Landfill,
Inc.,
operated the Waste
Hauling
Landfill
(the
“Landfill”), a former
sanitary
landfill located
in the
Northwest Quarter
of the Northwest
Quarter
of
Section 26, Township
16 North, Range
1 East (Blue
Mound
Township),
Macon County,
illinois.
ANSWER
SLC-3372768-1
2
4.
Bell
Sports
is without
knowledge
or information
sufficient to
form a belief
as
to the
truth
of the allegations
contained
in
paragraph 4
of Plaintiff’s Complaint
and
therefore
denies each and
every one of them.
5.
Respondent, Jerry
Camfield,
is an individual and
is
a person
as
defined in Section
3.315
of
the Act, 415 ILCS 5/3.3
15 (2008).
Jerry Camfield owned
Waste
Hauling
Landfill,
Inc.,
and
personally
directed its
operations.
ANSWER
5.
Bell Sports
is without
knowledge or information
sufficient
to form a belief
as
to
the truth of the allegations
contained
in paragraph
5 of Plaintiff’s
Complaint and
therefore
denies each
and every
one
of them.
6.
Respondent,
A. E. Staley Manufacturing
Co.,
is a corporation authorized
to
do
business
in the State of
Illinois and is a person
as defined
in Section 3.315 of the
Act, 415
ILCS
5/3.315
(2008). A. B.
Staley Manufacturing
Co., sent wastes
to the Landfill during
its operating
life
and those wastes contained
hazardous
substances.
ANSWER
6.
Bell Sports is without
knowledge
or information sufficient
to form
a belief
as
to the truth
of
the allegations contained
in paragraph
6 of Plaintiff’s
Complaint
and
therefore
denies
each and every
one of them.
7.
Respondent,
Aramark
Uniform Services,
Inc., is a corporation
no longer
authorized
to do business
in the State
of illinois and is a
person as defined
in Section 3.315
of the
Act,
415
ILCS 5/3.315
(2008). Aramark
Uniform
Services
is a successor
to Means Uniform
Services.
Means Uniform
Services
sent wastes to the Landfill
during
its operating life
and those
wastes
contained hazardous
substances.
5LC-3372768-1
3
ANSWER
7.
Bell
Sports is
without
knowledge
or information
sufficient
to form a
belief
as
to the truth
of the allegations
contained
in paragraph
7
of Plaintiff’s
Complaint
and
therefore
denies each
and
every one
of them.
8.
Respondent,
Archer
Daniels
Midland,
Inc.,
is a
corporation
authorized
to
do
business
in
the State
of illinois
and
is
a
person as
defined in
Section 3.315
of
the
Act, 415
ILCS
5/3.315 (2008).
Archer
Daniels
Midland,
Inc., sent
wastes to
the
Landfill
during
its operating
life
and
those
wastes
contained
hazardous
substances.
ANSWER
8.
Bell
Sports
is without
knowledge
or information
sufficient
to form
a belief
as
to the
truth of
the
allegations
contained
in
paragraph
8
of
Plaintiff’s
Complaint
and
therefore
denies
each and
every
one
of
them.
9.
Respondent,
Bell
Sports,
Inc.,
is
a
corporation
authorized
to do
business
in the
State
of illinois
and
is a person
as
defined in
Section 3.315
of
the Act,
415 ILCS
5/3.315
(2008).
Bell
Sports,
Inc., sent
wastes
to
the
Landfill
during its operating
life and
those
wastes
contained
hazardous
substances.
ANSWER
9.
Bell
Sports admits
that
it is
a
corporation
authorized
to do business
in
the
State of
illinois.
Bell
Sports
further states
that the
remaining
allegations
contained
in
Paragraph
9 of
Plaintiff’s
Complaint
contain
legal
conclusions
for
which no
response
is
required.
To the
extent
a response
is
required,
Bell
Sports
denies
the
remaining
allegations
contained
in
Paragraph
9 of
Plaintiffs
Complaint.
SLC-3372768-1
4
10.
Respondent,
Borden Chemical
Co., is a corporation
authorized
to do
business
in
the State
of illinois and is
a
person
as defined
in Section 3.315
of the Act, 415 ILCS
5/3.315
(2008).
Borden Chemical
Co.,
sent
wastes
to the Landfill during
its
operating
life and those
wastes
contained hazardous
substances.
ANSWER
10.
Bell Sports is without
knowledge
or
information
sufficient to form a
belief
as
to
the truth
of the allegations
contained
in
paragraph 10 of Plaintiff’s
Complaint and
therefore
denies each and every
one of them.
11.
Respondent,
Caterpillar
Inc., is a
corporation
authorized to
do business in the
State of illinois and
is a person as defined
in Section
3.315 of the Act, 415
ILCS 5/3.315
(2008).
Caterpillar Inc. sent
wastes to
the
Landfill during its
operating life and those
wastes contained
hazardous
substances.
ANSWER
11.
Bell Sports
is without knowledge
or information
sufficient to
form a belief
as
to
the truth of the allegations
contained in
paragraph 11
of
Plaintiff’s
Complaint
and
therefore
denies each
and every one of them.
12.
Respondent, Climate
Control,
Inc., is a
corporation
authorized
to do business
in
the
State
of illinois and is a person
as defined
in
Section
3.315 of
the
Act, 415 ILCS 5/3.315
(2008). Climate
Control, Inc., sent
wastes to the Landfill
during its
operating life and those
wastes
contained
hazardous substances.
ANSWER
SLC-3372768-1
5
12.
Bell
Sports
is without knowledge
or information
sufficient
to form a belief as
to the
truth
of
the allegations
contained
in paragraph
12
of
Plaintiff’s Complaint
and
therefore
denies each
and every
one of them.
13.
Respondent,
Combe Laboratories,
Inc., is a corporation
authorized
to do business
in the State
of illinois and
is a person as defined
in
Section
3.315 of the Act, 415
ILCS
5/3.315
(2008). Combe
Laboratories,
Inc., sent wastes
to
the Landfill
during its operating
life and those
wastes contained
hazardous
substances.
ANSWER
13.
Bell
Sports is without
knowledge
or information sufficient
to form a belief
as
to the truth
of
the
allegations contained
in paragraph
13 of Plaintiff’s
Complaint and
therefore denies
each and every
one
of them.
14.
Respondent,
Bridgestone/Firestone
Inc.,
is a corporation authorized
to
do
business
in the State of
illinois
and
is a person
as defined in Section
3.315 of the
Act,
415
ILCS 5/3.315
(2008).
Bridgestone/Firestone
Inc.,
is a successor
to Firestone Tire &
Rubber Company.
Firestone Tire
& Rubber Company,
sent
wastes
to the Landfill during
its operating life and
those
wastes contained
hazardous substances.
ANSWER
14.
Bell Sports
is without
knowledge
or information
sufficient to
form a belief as
to the
truth of the allegations
contained
in paragraph 14
of Plaintiff’s Complaint
and
therefore
denies each and
every
one
of them.
15.
Respondent, General
Electric Railcar
Services
Corporation,
is a corporation
authorized
to do
business
in the State of illinois
and is
a person
as defined in Section
3.315
of
the
Act,
415 ILCS
5/3.315 (2008).
General Electric
Railcar
Services
Corporation acquired
the
North
SLC-3372768-1
6
American Car Corporation.
The
North American
Car
Corporation sent wastes to the Landfill
during
its operating
life
and
those wastes contained hazardous substances.
ANSWER
15.
Bell Sports is without knowledge or information sufficient
to form a
belief
as
to the truth of the allegations
contained in paragraph
15
of Plaintiff’s Complaint and
therefore
denies each and every
one of them.
16.
Respondent,
Triple S Refining Corporation, is a corporation authorized to do
business in the State of illinois
and is a person as defined in Section 3.315 of the Act, 415 ILCS
5/3.3
15
(2008). Triple
S
Refining
Corporation is a successor to Kerr-McGee Refining
Corporation.
Kerr-McGee
Refining
Corporation sent wastes to the Landfill during its operating
life and those wastes
contained
hazardous substances.
ANSWER
16.
Bell Sports is without knowledge or information sufficient to form a belief
as
to the truth of the allegations contained in paragraph
16 of
Plaintiff’s Complaint and
therefore
denies each and every one
of
them.
17.
Respondent, P & H
Manufacturing,
Inc., is a corporation authorized to do
business in the State of illinois
and
is
a
person as defined in
Section
3.315 of the Act,
415
ILCS
5/3.315
(2008).
P & H
Manufacturing,
Inc., sent
wastes to the
Landfill
during
its operating life
and those wastes
contained hazardous substances.
ANSWER
17.
Bell Sports is without knowledge
or
information sufficient
to form a belief as
to the truth of the
allegations
contained in
paragraph 17
of Plaintiff’s Complaint and
therefore
denies each and every
one of them.
SLC-3372768-1
7
18.
Respondent,
Trinity
Rail Group,
Inc., is
a
corporation
authorized
to
do business
in
the State
of illinois
and is a
person
as defined
in
Section
3.315
of the Act,
415
ILCS
5/3.315
(2008).
Trinity Rail
Group,
Inc.,
acquired
Thrall
Car
Manufacturing
Co.,
which had
previously
acquired
the
rail car
division
of Portec,
Inc.
Thrall
Car Manufacturing
Co.
and the rail
car
division
of Portec,
Inc.,
sent wastes
to
the
Landfill
during
its
operating
life
and those
wastes
contained
hazardous
substances.
ANSWER
18.
Bell
Sports is
without
knowledge
or information
sufficient
to
form
a belief as
to the truth
of the
allegations
contained
in paragraph
18
of
Plaintiff’s
Complaint
and
therefore
denies each
and every
one
of
them.
19.
Respondent,
Zexel
illinois,
Inc., is a
corporation
authorized
to do
business
in the
State of
illinois
and
is
a
person
as defined
in
Section
3.315
of the Act,
415
ILCS
5/3.315 (2008).
Zexel illinois,
Inc.,
acquired
Borg-Warner
Corp.
Borg-Warner
Corp.
sent wastes
to the Landfill
during
its
operating
life and those
wastes
contained
hazardous
substances.
ANSWER
19.
Bell
Sports
is without
knowledge
or
information
sufficient
to form
a belief
as
to the truth
of the
allegations
contained
in
paragraph
19
of Plaintiff’s
Complaint
and
therefore
denies each
and
every
one
of
them.
20.
Section
22.2
of the Act,
415 ILCS
5/22.2
(2008),
provides that:
f.
Notwithstanding
any
other provision
or rule
of
law, and
subject
only
to the
defenses
set forth
in subsection
(j)
of this Section,
the
following
persons
shall
be liable
for all
costs of
removal
or
remedial action
incurred
by
the State of
illinois or
any unit
of
local government
as a result
of a release
or substantial
threat
of
a
release
of
a hazardous
substance
or
pesticide:
SLC-3372768-1
8
1.
the
owner and operator of a facility or vessel from which there
is a release
or substantial
threat
of a
releaseof a hazardous substance or pesticide;
2.
any
person who at the time of disposal, transport, storage or treatment
of
a
hazardous substance or pesticide
owned or operated the facility or vessel used
for
such
disposal, transport, treatment
or
storage from which there was
a release or
substantial threat
of a release of a hazardous substance or pesticide;
3.
any person who by contract, agreement, or otherwise arranged
for disposal
or treatment, or arranged with
a
transporter
for transport for disposal or treatment,
of such hazardous substances owned or possessed by such person,
by
any
other
party
or entity,
at any
facility,
* * *,
owned or operated by another party or entity
and
containing such hazardous substances,
ANSWER
20.
Bell Sports denies each and
every one of the allegations contained in
paragraph 20 of Plaintiff’s Complaint
that is inconsistent with the Act as cited and denies
that it has violated the
Act. The provisions of Section 22.2 of the Act, 415 ILCS 5/22.2
(2008), speak
for themselves.
21.
The wastes and other materials disposed
of
at the Landfill
include hazardous
substances as defined
by
3.14 of the Act, 415 ILCS 5/3.14 (2008).
ANSWER
21.
The allegations contained in paragraph 21
of Plaintiff’s Complaint are legal
conclusions to which no response is required. All such allegations
are therefore denied.
22.
The State has incurred and will continue
to
incur removal
costs, as defined by the
Act, associated with the releases and threatened releases
of
hazardous substances
at the Facility.
ANSWER
22.
Bell Sports is without knowledge or information
sufficient to form a belief
as
to the
truth of the allegations contained in paragraph 22
of
Plaintiff’s
Complaint and
therefore denies each and every one
of
them.
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23.
Respondents are each
a responsible party as
described in Section 22.2(f)(l), (2),
or (3)
of the Act, 415 ILCS
4122.2(f)(l), (2),
or (3). Respondents are each liable for past, present,
and future removal costs,
as defined by the
Act, incurred by the State resulting or arising out
of
the releases
and threatened
releases at the
Landfill.
ANSWER
23.
Bell Sports is without
knowledge or information
sufficient to form a belief as
to the truth of the allegations
contained in paragraph 23
of Plaintiff’s Complaint as they
relate to
parties
other
than Bell
Sports and therefore denies each
and
every
one of
them.
Bell Sports denies the remaining
allegations contained in paragraph 23
of Plaintiff’s
Complaint and specifically denies
that it is a responsible
party as described in Section
22.2(f)(1), (2), or (3) of the
Act, 415 ILCS 4/22.2(f)(1), (2),
or (3), and denies that it is
responsible
for past,
present,
or future removal
costs at the Landfill.
AFFIRMATIVE
DEFENSES
Bell Sports asserts the following affirmative
defenses without waiving Complainant’s
obligation
to meet its burden of
proof and without assuming any burden
of
proof not otherwise
imposed
by
law. Respondent
reserves the right to raise other defenses
of which it may become
aware of
during discovery
or at the time of hearing.
1.
The State’s Complaint
is barred
by
the doctrine
of laches, in that the State has
known of
the presence of alleged
hazardous
materials at the Waste
Hauling Landfill and initiated
remediation
activities in 1998.
Nevertheless, the State waited over
10 years before filing the
present
action.
2.
The State’s decision
not to pursue
this
action
until more than a decade after its
remediation efforts
began
has materially compromised
Bell Sports’ ability to defend
this
action.
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Accordingly,
by failing to pursue this matter in
a
timely fashion, the State has
deprived
Bell
Sports of its
due process rights.
3.
To
the extent
it is
determined
by
the
Board that Bell Sports bears
responsibility
for any portion of the
State’s response costs,
which
Bell
Sports
specifically denies, Bell Sports’
liability, if any, is strictly limited by Section 58.9 of
the Act, which prohibits the State from
bringing an action to
require
any person to conduct
remedial activity or seek recovery of
remedial action costs beyond such person’s
proportionate degree of responsibility.
415
ILCS
5/58.9(a).
DATED: September 25,
2009
Respectfully submitted,
BELL SPORTS, INC.,
Respondent
John E. Collins
HUSCH
BLACKWELL SANDERS LLP
190
Carondelet Plaza, Ste. 600
St. Louis, MO 63105
(314)
480-1500 — (telephone)
(314) 480-1505
(facsimile)
Attorneys for
Bell
Sports,
Inc.
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