ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    REILLY INDUSTRIES, INC.,
     
    Respondent.
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    PCB 03-182
    (RCRA Enforcement – Air, Water)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 8, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Reilly Industries, Inc. (Reilly Industries).
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns Reilly Industries’
    coal tar distillation process facility at 1450 Edwardsville Road, Granite City, Madison County.
     
    The People allege that Reilly Industries violated Sections 9(a) and (b), 12(d), and 21(e)
    and (f) of the Illinois Environmental Protection Act (415 ILCS 5/9(a) and (b), 12(d), and 21(e)
    and (f) (2002)) and 35 Ill. Adm. Code 201.143, 219.501(a) and (b), 703.121(a), 722.123(a),
    722.134(a), and 725.131, 725.151(b), 725.156(j), and 725.273(a) (2002). The People further
    allege that Reilly Industries violated these provisions by operating a batch operation whose
    emissions exceeded those allowed by regulation, in excess of those allowed by permit, and after
    expiration of a construction permit; by operating a waste treatment, storage, or disposal unit or
    transporting waste into Illinois for treatment, storage, disposal, or abandonment at a facility that
    did not comply with applicable law and regulations; by operating a hazardous waste disposal
    facility without a Resource Conservation and Recovery Act (RCRA) permit and in violation of
    applicable exemption requirements; by operating a hazardous waste treatment, storage, or
    disposal facility in violation of RCRA facility operation and maintenance, emergency
    procedures, and container management requirements; by violating hazardous waste manifest
    requirements; and by causing or allowing the release of waste to the ground so as to create a
    water pollution hazard and to cause air pollution.
     
    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 Reilly Industries 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 Reilly Industries 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 April 17, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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