BEFORE THE ILLINOIS POLLUTION CONTROL BOARD SIERRA CLUB, Complainant, v. AMEREN ENERGY MEDINA VALLEY COGEN, LLC and FUTUR EGEN INDUSTRIAL ALLIANCE INC., ) ) ) ) PCB 2014-134 ) (Enforcement-Air) ) ) ) ) ) ) ) ) _________ ____: R:...:ce:....:.sJ.:...po,;;_n_d _en_ts ___ ) NOTICE OF FILING TO: Eric M. Schwing II 00 South 5th Street Springfield, IL 62703 E: [email protected]J. Michael Showalter Renee Cipriano Ashley Thompson SchiffHardin LLP 233 South Wacker Drive, Suite 6600 Chicago, IL 60606-6473 [email protected]; [email protected]; athompson@sch ifihardin.com Eva Schueller Sierra Club Environmental Law Program 85 Second St., Second Floor San Francisco, CA 94105 E: [email protected]Pollution Control Board, Attn: Clerk 100 West Randolph Street James R. Thompson Center, Suite 11-500 Chicago, IL 60601-3218 PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Poiiution Control Board: (l) MOTION TO EXPEDITE; (2) DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO EXPEDITE; (3) DECLARATION OF KENNETH HUMPHREYS JR.; (4) DECLARATION OF CHRISTOPHER ZENTZ; and (5) CERTIFICATE OF SERVICE, a copy ofwhich is herewith served upon you. Electronic Filing - Received, Clerk's Office : 07/16/2014
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Electronic Filing - Received, Clerk's Office : 07/16/2014DATED this 16th day of July, 2014. Van Ness Feldman LLP Christopher D. Zentz 719 Second Avenue, Suite 1150 Seattle, W A 981
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TO: Eric M. Schwing II 00 South 5th Street Springfield, IL 62703 E: [email protected]
J. Michael Showalter Renee Cipriano Ashley Thompson SchiffHardin LLP 233 South Wacker Drive, Suite 6600 Chicago, IL 60606-6473 [email protected]; [email protected]; athompson@sch i fihardin .com
Eva Schueller Sierra Club Environmental Law Program 85 Second St., Second Floor San Francisco, CA 94105 E: [email protected]
Pollution Control Board, Attn: Clerk 100 West Randolph Street James R. Thompson Center, Suite 11-500 Chicago, IL 60601-3218
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Poiiution Control Board: (l) MOTION TO EXPEDITE; (2) DEFENDANTS' MEMORANDUM
OF LAW IN SUPPORT OF THEIR MOTION TO EXPEDITE; (3) DECLARATION OF
KENNETH HUMPHREYS JR.; (4) DECLARATION OF CHRISTOPHER ZENTZ; and (5)
CERTIFICATE OF SERVICE, a copy ofwhich is herewith served upon you.
Respectfully submitted this 16th day of July, 2014.
/s/ Christopher D. Zentz Dale N. Johnson Christopher D. Zentz Van Ness Feldman LLP 719 Second Avenue, Suite 1150 Seattle, WA 98104-1728 Tel: 206-623-9372 Attorneys for Defendant FutureGen Industrial Alliance, Inc.
/s/ J. Michael Showalter Renee Cipriano J. Michael Showalter Ashley L. Thompson Schiff Hardin LLP 233 South Wacker Drive, Suite 6600 Chicago, Illinois 60606 Tel: 312-258-5500 Attorneys for Defendant AmerenEnergy Medina Valley Cogen, LLC
promise for both industry and the environment. Accordingly, the Defendants respectfully
request that this Board grant the Motion to Expedite.
IV. CONCLUSION
For the reasons set forth herein, the Defendants respectfully request that this Board enter
an order directing expedited review of this case.
Respectfully submitted this 16th day of July, 2014.
/s/ Christopher D. Zentz Dale N. Johnson Christopher D. Zentz Van Ness Feldman LLP 719 Second Avenue, Suite 1150 Seattle, WA 98104-1728 Tel: 206-623-9372 Attorneys for Defendant FutureGen Industrial Alliance, Inc.
/s/ J. Michael Showalter Renee Cipriano J. Michael Showalter Ashley L. Thompson Schiff Hardin LLP 233 South Wacker Drive, Suite 6600 Chicago, Illinois 60606 Tel: 312-258-5500 Attorneys for Defendant AmerenEnergy Medina Valley Cogen, LLC
this Complaint will be taken as if admitted for purposes of this proceeding. If you have any
questions about this procedure, you should contact the hearing officer assigned to this
proceeding, the Clerk's Office or an attorney. FURTHER, please take notice that financing may
be available, through the illinois Environmental Facilities Financing Act, 20 ILCS 351511-19
(2007), to correct the violations alleged in the Complaint filed in this case.
DATED: June 25, 2014
Respectfully submitted, ' . JJ. -,~v--l_s_l E_r_ic_s_c_h_w_in_g ____ t_p __ s .1 I r Eric M Schwing Attorney at Law 1100 South 5th Street Springfield, IL 62703 217-544-4440 Email: [email protected]
Eva Schueller Associate Attorney Sierra Club Environmental Law Program 85 Second St., Second Floor San Francisco, CA 94105 Email: eva.schueller@ sierraclub.org Tel: (415) 977-5637
To: AMERENENERGY MEDINA VALLEY COGEN, LLC James Michael Showalter Renee Cipriano Ashley Thomson SCHIFF HARDIN LLP Suite 6600 233 South Wacker Drive Chjcugo, lL 60606-6473 312-258-5561 Email: [email protected]
FUTUREGEN INDUSTRIAL ALLIANCE Dale N Johnson VAN NESS FELDMAN LLP Suite 1150 719 Second Avenue Seattle, W A 98104 206-623-9372 Emaj): dnj @vnf.com
PLEASE TAKE NOTICE that on this date I filed with the Clerk of the Pollution Control
Board of the State of Ulinois: a COMPLAINT, a copy of.which is attached hereto and herewith
served upon you; and an ENTRY OF APPEARANCE for Eric Schwing, and MOTION TO
APPEAR PRO HOC VICE and APPEARANCE for Eva Schueller, copies of which urc auached
hereto and herewith served upon you. Pursuant to the Board's procedural rules, the documents
referenced above are served upon Respondents addressed as set forth above by Certitied Mail. 35
Ill. Admin. Code 103.20-t(a). Failure to file an answer to this Complaint within 60 days may
have severe consequences. Failure to answer will mean that all allegations in this Complaint will
be taken as ir admitted for purposes of this proceeding. If you have any questions about this
procedure, you should contact the hearing ofticer assigned to this proceeding, the Clerk's Office
or an attorney. FURTHER, please take notice that tinancing may be available, through the
Illinois Environmental Facilities Financing Act, 20 ILCS 3515/1-19 (2007), to correct the
violations alleged in the Complaint filed in this case.
DATED: June II, 2014
Respectfully submitted, a 0 ··r l)r "''' /s/ Eric Schwing {· s, I\ oafttt"
1.- v.. '\ Eric M Schwing Attorney at Law II 00 South 5th Street Springfield, IL 62703 217-544-4440 Email: [email protected]
Eva Schueller Associate Attorney Sierra Club Environmental Law Program 85 Second St., Second Floor San Francisco, CA 94105 Email: eva.schuclleri!!'sierracluh.or!! Tel: (415) 977-5637
I hereby certify that I uid on June 11, 2014, send by certiticd mail, return receipt
requested, with postage thereon fully prepaid, by Llepositing in u United States Post Office in Sun
Francisco, California, a true and correct copy of the following instruments, entitled: NOTICE OF
FlUNG, ENTRY OF APPEARANCE for Eric Schwing, MOTION TO APPEAR PRO HAC
VICE and APPEARANCE lor Eva Schueller, and COMPLAINT, in the above-captioned matter,
to the following parties:
TO: AMERENENERGY MEDINA VALLEY COG EN, LLC James Michael Showalter Renee Cipriano Ashley Thomson SCHIFF HARDIN LLP Suite 6600 233 South Wacker Drive Chicago, IL 60606-6473 312-258-5561 Email: m-;howal ter@schi flharLiin .com
FUTUREGEN INDUSTRIAL ALLIANCE Dale N Johnson VAN NESS FELDMAN LLP Suite 1150 7 I 9 Second A venue Seattle, W A 98104 206-623-9372 Email: [email protected]
as authorized by the Clerk of the Illinois Pollution Control Board under 35 Ill. Admin. Code §§ 101.302(c), 101.304(c).
DATED: June II, 2014 Is! Eric Schwing
Eric M Schwing Attorney at Law I I 00 South 5th Street Springfield, IL 62703 217-544-4440 Email: eric.schwing@comc:.L<;t.ncl Cmmselfor !he Complaina11t
~ ... (/ Eva Schueller Associate Attorney Sierra Club Environmental Law Program 85 Second St., Second Floor San Francisco, C A 941 05 Email: [email protected] Tel: (415) 977-5637
TO: Clerk of the lllinois Pollution Control Board and All Parties of Record.
Please enter my appearance as counsel of record in this case for:
SIERRA CLUB, Complainant.
Eva Schueller Associate Attorney Sierra Club Environmental Law Program 85 Secontl St., Second Floor San Francisco, CA 94105 Email: cva.schucllcr0)sicrraduh.on! Tel: (415) 977-5637
Eva Schueller Associate Allorney Sierra Club Environmental Law Program 85 Second St., Second Floor San Francisco, CA 94105 Email: cv:~.sc.:[email protected] Tel: (415) 977-5637
NOTE: THIS STATEMENT MUST BE INClUDED IN THE SERVICE OF THE FORMAl COMPlAINT ON THE RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPlAINT
Please take notice that today I filed with the Clerk of the Illinois Pollution Control Board (Board) a formal complaint, a copy of which is served on you along with this notice. You may be required to attend a hearing on a date set by the Board.
Information about the formal complaint process before the Board is found in the Environmental Protection Act (Act) {415 ILCS 5/1 et seq.) and the Board's procedural rules (35 Ill. Adm. Code 101 and 1 03). These can be accessed at the Board's Web site (www.ipcb.state.il.us). The following is a summary of some of the most important points in the Act and the Board's procedural rules. It is provided for general informational purposes only and does not constitute legal advice or substitute for the provisions of any statute, rule, or regulation:
Board Accepting Formal Complaint for Hearing; Motions
The Board will not accept this formal complaint for hearing if the Board finds that it is either "duplicative'' or "frivolous" within the meaning of Section 31 (d) of the Act {415 ILCS 5/31 (d)) and Section 101.202 of the Board's procedural rules {35 Ill. Adm. Code 101.202). "Duplicative" means that an identical or. substantially similar case is already pending before the Board or in court. See 35 Ill. Adm. Code 103.212(a) and item 10 of the formal complaint.
"Frivolous" means that the formal complaint seeks relief that the Board does not have the authority to grant, or fails to state a cause of action upon which the Board can grant relief. For example, the Board has the authority to order a respondent to stop polluting and pay a civil penalty, to implement pollution abatement measures, or to perform a cleanup or reimburse cleanup costs. The Board does not have the authority, however, to award attorney fees to a citizen complainant. See 35 Ill. Adm. Code 1 03.212(a) and items 5 and 9 of the formal complaint.
If you believe that this formal complaint is duplicative or frivolous, you may file a motion with the Board, within 30 days after the date you were served with the complaint, requesting that the Board not accept the complaint for hearing. The motion must state the facts supporting your belief that the complaint is duplicative or frivolous. Memoranda, affidavits, and any other relevant documents may accompany the motion: If you need more time than 30 days to file a motion alleging that the complaint is duplicative or frivolous, you must file a motion for an extension of time within 30 days after service of the complaint. A motion for an extension of time must state why you
need more time and the amount of additional time you need. Timely filing a motion alleging that the complaint is duplicative or frivolous will stay the 60-day period for filing an answer to the complaint. See 35 Ill. Adm. Code 103.204, 103.212(b).
All motions tiled with the Board's Clerk must include an original, nine copies, and proof of service on the other parties. Service may be made in person, by U.S. mail, or by messenger service. Mail service is presumed complete four days after mailing. See 35 Ill. Adm. Code 1 01.300(c), 101.302, 101.304.
If you do not respond to the Board within 30 days after the date on which the complaint was served on you, the Board may find that the complaint is not duplicative or frivolous and accept the case for hearing. The Board will then assign a hearing officer who will contact you to schedule times for telephone status conferences and for hearing. See 35 Ill. Adm. Code 103.212(a).
Answer to Complaint
You have the right to file an answer to this formal complaint within 60 days after you receive the complaint. If you timely file a motion alleging that the complaint is duplicative or frivolous, or a motion to strike, dismiss, or challenge the sufficiency of the complaint, then you may file an answer within 60 days after the Board rules on your motion. See35111. Adm. Code 101.506, 103.204(d), (e), 103.212(b).
that: The Board's procedural rules require the complainant to tell you as respondent
Failure to file an answer to this complaint within 60 days may have severe consequences. Failure to answer will mean that all allegations in the complaint will be taken as if admitted for purposes of this proceeding. If you have any questions about this procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's Office or an attorney. 35 Ill. Adm. Code 103.204(f).
Necessity of an Attorney
Under Illinois law, an association, citizens group, unit of local government, or corporation must be represented before the Board by an attorney. In addition, an individual who is not an attorney cannot represent another individual or other individuals before the Board. However, even if an individual is not an attorney, he or she is allowed to represent ( 1) himself or herself as an individual or (2) his or her unincorporated sole proprietorship. See 35 Ill. Adm. Code 101.400(a). Such an individual may nevertheless wish to have an attorney prepare an answer and any motions or briefs, and present a defense at hearing.
In defending against this formal complaint, you are responsible for your attorney fees, duplicating charges, travel expenses, witness fees, and any other costs that you or your attorney may incur. The Board requires no filing fee to file your answer or any other document with the Board. The Board will pay any hearing costs (e.g., hearing room rental, court reporting' fees, hearing officer expenses).
If you have any questions, please contact the Clerk's Office at (312) 814-3629.
TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARDPART 101 GENERAL RULES
SECTION 101.512 MOTIONS FOR EXPEDITED REVIEW
Section 101.512 Motions for Expedited Review
a) Motions for expedited review must be directed to the Board. All motions for expedited review must contain a complete statement of the facts and reasons for the request and must be accompanied by an oath or affirmation attesting that the facts cited are true.
b) In acting on a motion for expedited review, the Board will, at a minimum, consider all statutory requirements and whether material prejudice will result from the motion being granted or denied.
c) The Board will grant a motion for expedited review consistent with available resources and decision deadlines.
James Michael Showalter Renee Cipriano Ashley Thompson Schiff Hardin LLP 233 South Wacker Drive, Suite 6600 Chicago, IL 60606-6473 E: [email protected]
Eva Schueller Sierra Club Environmental Law Program 85 Second Street, Second Floor San Francisco, CA 94105 E: [email protected]