ILLINOIS POLLUTION CONTROL BOARD
September 5, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SAINT-GOBAIN CONTAINERS, INC.,
a Delaware corporation,
Respondent.
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PCB 03-22
(Enforcement - Air)
ORDER OF THE BOARD (by M.E. Tristano):
On August 26, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Saint-Gobain Containers, Inc.
See
415
ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Saint-Gobain
Containers violated Section 9.1(d)(1) and (2), Section 9(b) of the Environmental Protection
Act, 415 ILCS 5/9(d)(1) and (2) (2000), Section 165 of the Federal Clean Air Act, 42 USCS
7475(a) (2000) and 40 C.F.R. 52.21J. The People further allege that Saint Gobain Containers
violated these provisions by causing a change in its glass manufacturing operations resulting in
an increase of nitrogen oxides emissions in excess of threshold amounts specified within
federal prevention of significant deterioration rules without first applying for and obtaining
from the Agency the required prevention of significant deterioration rules and permit limits.
The complaint concerns Saint-Gobain Containers’ facility located at 1200 North Logan,
Lincoln, Logan 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 Saint-Gobain Containers 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 Saint-Gobain
Containers 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on September 5, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board