ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ONYX ENVIRONMENTAL SERVICES,
    L.L.C., a Delaware limited liability company,
    and AURA II, INC., a Wisconsin corporation,
     
    Respondents.
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    PCB
    04-98
     
    (Enforcement - Air, Land, Water)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 18, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Onyx Environmental Services, L.L.C. and
    Aura II, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    People allege that the respondents violated Sections 9(a), 12(a) and (d), and 21(a) and (b) of the
    Environmental Protection Act (415 ILCS 5/9(a), 12(a) and (d), and 21(a) and (b) (2002)). The
    People further allege that the respondents violated these provisions by causing or allowing the
    discharge of acid vapor and waste from a tanker truck in transport on Interstate 94 in Lake
    County so as to cause or allow air and water pollution, by creating a water pollution hazard, and
    by causing or allowing open dumping and abandonment of waste.
     
    The Board accepts the complaint for hearing.
    See
    35 Ill. Adm. Code 103.212(c). A
    respondent’s failure to file an answer to a complaint within 60 days after receiving the complaint
    may have severe consequences. Generally, if the respondents fail within that timeframe to file
    an answer specifically denying, or asserting insufficient knowledge to form a belief of, a material
    allegation in the complaint, the Board will consider the respondents to have admitted the
    allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to proceed
    expeditiously to hearing.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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