ILLINOIS POLLUTION CONTROL BOARD
    May 20, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DUR-O-WAL, INC.,
     
    Respondent.
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    PCB 04-194
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 6, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a three-count complaint against Dur-O-Wal, Inc. (Dur-O-Wal)
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Dur-O-Wal violated
    Sections 12(a), (b), and (f) of the Environmental Protection Act and Sections 304.105,
    304.141(b), and 309.102(a) of the Board’s water quality regulations. The People further allege
    that Dur-O-Wal violated these provisions by discharging contaminants into a storm sewer
    without a National Pollutant Discharge Elimination System (NPDES) permit and for discharging
    contaminants in violation of its existing NPDES permit. The complaint concerns Dur-O-Wal’s
    wire drawing, fabrication, and zinc galvanizing facility located at 625 Crain Street, Aurora, Kane
    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 Dur-O-Wal 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 Dur-O-Wal 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 May 20, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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