ILLINOIS POLLUTION CONTROL BOARD
August 8, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CHICAGO DIVERSIFIED PROJECTS,
INC., an Illinois corporation,
Respondent.
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PCB 03-13
(Enforcement - Air)
ORDER OF THE BOARD (by C.A. Manning):
On July 31, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Chicago Diversified Projects, Inc. (CDP).
See
415 ILCS 5/31(c)(1) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm.
Code 103.204. The People allege that CDP violated Section 9(d) of the Environmental
Protection Act (415 ILCS 9(d) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002), and 40
C.F.R. 61.145 (c)(3) and (c)(6). The People further allege that CDP violated these provisions
by failing to use proper work practice standards in its removal of asbestos from a site located
at 3335-3341 North Halsted, Chicago, Cook County.
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 CDP fails 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 CDP 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 August 8, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board