- BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
Complainant, )
)
v.
- ) PCB NO.
- )
PCB NO.
- Complainant moves herein to strike Respondent's
affirmative defenses for the reasons outlined below.
- 735 ILCS 5/2-613(d) (2012).
- 2
Electronic Filing - Received, Clerk's Office : 11/19/2014
Under Illinois law, "[t]he criteria to be applied in determining if a defense is or is not an
affirmative nature is whether, by the raising of it, a defendant gives color to his opponent's claim
and then asserts new matter by which the apparent right is defeated." Horst v. Morand Bros. 8, 2002); People v. Stein Steel Mills Ser...
PCB 09-107,111914 Complainant's_Motion_to_Strike_A... 
