ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BATH INCORPORATED, an Illinois
    corporation,
    Respondent.
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    PCB 05-139
    (Enforcement - Land, Cost Recovery)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 25, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Bath Incorporated.
    See
    415 ILCS 5/31(c)(1)
    (2002); 35 Ill. Adm. Code 103.204. The complaint concerns Bath Incorporated’s landfill facility
    at 901 Walnut Street, Decatur, Mason County. For the reasons below, the Board accepts the
    complaint for hearing.
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2002)), the
    Attorney General and the State’s Attorneys may bring actions before the Board to enforce
    Illinois’ environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2002); 35 Ill.
    Adm. Code 103. In this case, the People allege that Bath Incorporated is liable for past, present,
    and future response costs incurred by the State pursuant to Section 22.2 of the Act (415 ILCS
    5/22.2 (2002)). The People ask the Board to find Bath Incorporated liable for the response costs
    incurred by the State and for damages in an amount equal to three times removal costs.
    The Board finds that the complaint meets the content requirements of the Board’s
    procedural rules and accepts the complaint for hearing.
    See
    35 Ill. Adm. Code 103.204(c), (f),
    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 Bath Incorporated 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 Bath
    Incorporated to have admitted the allegation. 35 Ill. Adm. Code 103.204(d).
    The Board directs the hearing officer to proceed expeditiously to hearing. Among the
    hearing officer’s responsibilities is the “duty . . . to ensure development of a clear, complete, and
    concise record for timely transmission to the Board.” 35 Ill. Adm. Code 101.610. A complete
    record in an enforcement case thoroughly addresses, among other things, the appropriate remedy,
    if any, for the alleged violations, including any civil penalty.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 3, 2005, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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