ILLINOIS POLLUTION CONTROL BOARD
December 20, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BERNIE C. MORRIS,
Respondent.
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PCB 02-73
(Enforcement – Water)
ORDER OF THE BOARD (by C.A. Manning):
On December 11, 2001, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Bernie C. Morris (Morris).
See
415 ILCS
5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Morris violated Sections
12(a), (b), (c), and (f) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (b), (c), and
(f) (2000)), and 35 Ill. Adm. Code Sections 309.102(a) and 309.202(a) of the Board’s water
pollution regulations. The People further allege that Morris violated these provisions by
constructing a sewer extension without the required construction permit, and engaging in
construction activities that threatened or allowed offsite discharge of contaminants without a
permit. The complaint concerns Morris’s development of Wood Ridge Subdivision, north of the
City of Chrisman, Illinois Highway 1, Edgar 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 Morris 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 Morris 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 December 20, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board