ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BEST-WAY CONSTRUCTION &
    REMEDIATION, INC., an Illinois corporation,
    and CLINTON 6 L.L.C., an Illinois limited
    liability company,
     
    Respondents.
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    PCB 04-4
    (Enforcement - Air)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 7, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Best-Way Construction & Remediation, Inc. and
    Clinton 6 L.L.C. (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204.
    The People allege that respondents violated Section 9(a) of the Environmental Protection Act
    (415 ILCS 5/9(a) (2002)) and 35 Ill. Adm. Code 201.141. The People further allege that
    respondents violated these provisions by causing, threatening, or allowing the mishandling of
    dry, friable asbestos fibers so as to allow it to enter the environment and by causing, threatening,
    or allowing air pollution by removal of dry, friable floor tiles containing asbestos without
    wetting and without containment. The complaint concerns Best-Way Construction’s removal of
    asbestos-containing material at Clinton 6’s building at 612 South Clinton Street, Chicago, Cook
    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 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 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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 10, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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