PEOPLE OF THE STATE OF ILLINOIS v. VAN MELLE U.S.A. INC.,
The Board denied the motion to strike the second affirmative defense alleging that a third party is responsible for the alleged violations but struck the third affirmative defense alleging that the Agency’s actions in denying permits were "unlawful". Finally, the Board reserved ruling on the first affirmative defense of laches for 30 days, finding that the affirmative defense of laches has not been sufficiently plead. The Board directed respondent to file an amended response by April 5, 2004, or the Board will strike the affirmative defense.
March 4, 2004PEOPLE OF THE STATE OF ILLINOIS,Complainant,v.
VAN MELLE U.S.A.
INC.,
Respondent.
The Board will briefly summarize the relevant background information for this
proceeding and follow with a summary of the alleged affirmative defenses.
Ans.
at 3.
Count I of the complaint alleges that Van Melle discharged or emitted volatile organicmaterials (VOM) into the atmosphere. Adm. Code 203.201. Comp. at 19. Ans. at 28-29. Van Melle alleges that the Agency failed to comply with the law in denyingpermits sought by Van Melle.
Allowed
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