ILLINOIS POLLUTION CONTROL BOARD
    September 4, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    TRI-K DEVELOPMENT, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 04-24
    (Enforcement - Water)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On August 29, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Tri-K Development, Inc. (Tri-K
    Development).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the
    People’s allegation that Tri-K Development violated Section 12(a) and (f) of the Environmental
    Protection Act (415 ILCS 5/12(a) and (f) (2002)); 35 Ill. Adm. Code 302.203, 306.102, and
    309.146; and NPDES permit number ILR104445. The People further allege that Tri-K
    Development violated these provisions by engaging in construction activities without using
    adequate measures to control silt and erosion controls to prevent sediment from entering storm
    sewers that discharge into Prentiss Creek and the DuPage River. The complaint concerns Tri-K
    Development’s construction activities at a six-acre development near the intersection of 59th
    Street and Interstate 355 in Lisle, DuPage 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 Tri-K Development 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 Tri-K Development 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 September 4, 2003, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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