ILLINOIS POLLUTION CONTROL BOARD
January 10, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BILL PALMER, an individual d/b/a
COMMERCIAL GROUP, FRANK GLOSKY,
an individual d/b/a GLOSKY REALTY, and
R.A.S. DEVELOPMENT, INC., an Illinois
corporation,
Respondents.
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PCB 02-84
(Enforcement – Water)
ORDER OF THE BOARD (by N.J. Melas):
On December 20, 2001, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a four-count complaint against Bill Palmer d/b/a Commercial
Group, Frank Glosky d/b/a Glosky Realty, and R.A.S. Development, Inc. (respondents).
See
415
ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that respondents violated
Section 12(a) of the Environmental Protection Act (415 ILCS 5/12(a) (2000)), violated various
provisions of the Board’s water pollution regulations, and violated respondents’ National
Pollutant Discharge Elimination System (NPDES) permit. The People further allege that
respondents violated these provisions by constructing storm water sewers in a manner that
caused silt, sediment, and other solid material to discharge into Morgan Creek. The complaint
concerns respondents’ residential housing development near the intersection of Collins and
Grove Roads, Oswego, Kendall County.
The Board accepts the complaint for hearing.
See
35 Ill. Adm. Code 103.212(c).
Respondents’ failure to file an answer to a complaint within 60 days after receiving the
complaint may have severe consequences. Generally, if 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 respondents to have admitted the
allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to proceed
expeditiously to hearing.
In the complaint the People indicated that they attached a copy of respondents’ NPDES
permit as exhibit A. The Board did not receive a copy of the NPDES permit. As the NPDES
permit is a key component of Count IV of the complaint, the Board orders that the People file a
copy of the NPDES permit with the Board no later than February 10, 2002.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 10, 2002, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board