ILLINOIS POLLUTION CONTROL BOARD
May 1, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COMMUNITY LANDFILL COMPANY,
INC. and CITY OF MORRIS, an Illinois
municipal corporation,
Respondent.
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PCB 03-191
(Enforcement - Land)
ORDER OF THE BOARD (by N.J. Melas):
On April 17, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a one-count complaint against Community Landfill Company,
Inc. (CLC) and the City of Morris (Morris).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code
103.204. The People allege that CLC and Morris violated Section 21(d)(2) of the Act, and
Sections 811.700(f) and 811.712 of the Board rules. 415 ILCS 21(d)(2); 35 Ill. Adm. Code
811.700(f), 811.712. The People further allege that respondents violated these provisions by
failing to provide proper financial assurance. The complaint concerns the Morris Community
Landfill, approximately 119 acres in area and divided into parcel “A” and parcel “B,” located at
1501 Ashley Road, Morris, Grundy 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 the respondents fail 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 the respondents 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 1, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board