ILLINOIS POLLUTION CONTROL BOARD
    February 5,
    1986
    JOHN W. EILRICH,
    Complainant,
    )
    v.
    )
    PCB 85-4
    JAMES SMITH,
    d/b/a
    )
    MAYWOOD SHELL CAR WASH,
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C. Flernal):
    On November
    24,
    1986, hearing was held in this matter
    in
    Chicago,
    Illinois.
    The hearing was necessitated by the filing
    of
    an amended complaint by John W. Eilrich on February
    4,
    1985.
    The
    complaint alleges that James Smith, doing business as Maywood
    Shell
    Car Wash,
    has operated the car wash facility “from March
    23,
    1984, and before,
    through January 12,
    1985 and after”,
    in
    violation of 35 Iii. Adm. Code 900.102
    (Prohibition
    of Noise
    Pollution), 901.102(a)
    (Sound Emitted to Class A Land), and
    901.103
    (Sound Emitted
    to Class B Land).
    The Complainant attended the hearing and presented testimony
    and exhibits on his own behalf.
    Neither James Smith,
    nor anyone
    else representing him or Maywood Shell Car Wash, appeared at
    hearing.
    Section 103.220 of the Board’s procedural rules delineates
    the Board’s authority
    in instances where
    a party fails to appear
    at hearing.
    That section reads
    in full as follows:
    Section 103.220
    Default
    Failure of a party to appear
    on the date set for hearing
    or failure to proceed as ordered by the Board shall
    constitute a default.
    The Board shall thereafter
    enter
    such order as appropriate, as limited by the pleadings and
    based upon the evidence introduced at the hearing.
    Pursuant
    to section 103.220,
    the Board hereby orders James
    Smith to respond
    in writing
    to this Order
    by March
    9,
    1987,
    showing cause as
    to why the Board should not find him in
    violation of the regulations cited
    by Complainant.
    The Board
    notes that failure by Respondent to submit such
    a response within
    the stated timeframe may result
    in the imposition of an Order
    requiring the installation of control equipment at the facility,
    the ceasing
    of operations there,
    and/or
    the payment of
    a monetary
    penalty.
    75-179
    —2—
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ~
    day of
    ~
    ,
    1987,
    by a vote
    of
    ____________
    /
    /~
    //~
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    75-180

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