ILLINOIS POLLUTION CONTROL BOARD
August 5, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF CAPRON,
Respondent.
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PCB 05-8
(Enforcement – Water)
ORDER OF THE BOARD (by G.T. Girard):
On July 20, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Village of Capron (Capron).
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Capron violated Section
18(a)(2) of the Environmental Protection Act (Act) (415 ILCS 4/18(a)(2) (2002) and 35 Ill. Adm.
Code 611.882 and 611.885. The People further allege that Capron violated these provisions by
failing, in 2002, to provide consumer confidence reports (CCR) to the public water supply users
and failing to certify to the Illinois Environmental Protection Agency that the CCRs were
provided. The complaint concerns Capron’s public water supply facility in Capron, Boone
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 Capron fails within that timefram
e 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 Capron 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 5, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board