ILLINOIS POLLUTION CONTROL BOARD
February 20, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BI STATE TIRE, INC., an Illinois corporation,
Respondent.
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PCB 03-117
(Enforcement - Land)
ORDER OF THE BOARD (by D.C. Karpiel):
On February 5, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Bi State Tire, Inc. (Bi State Tire).
See
415
ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Bi State Tire
violated Sections 55(a)(4) and (e) of the Environmental Protection Act (415 ILCS 5/55(a)(4) and
(e) (2002)) and Sections 848.202(b)(1), (4), (5) and (c)(5) of the Board’s regulations (35 Ill.
Adm. Code 848.202(b)(1), (4), (5) and (c)(5)). The People further allege that Bi State Tire
violated these provisions by allowing the operation of a tire storage facility in violation of the
Board’s regulations. The complaint concerns Bi State Tire’s facility at 730 31st Avenue in Rock
Island, Rock Island 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 Bi State Tire 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 Bi State Tire 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 February 20, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board