ILLINOIS POLLUTION CONTROL BOARD
    March 21, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ENTLER EXCAVATING COMPANY, an
    Illinois corporation,
     
    Respondent.
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    PCB 02-120
    (Enforcement – Air)
     
     
    ORDER OF THE BOARD (by N.J. Melas)
     
    On March 6, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Entler Excavating Company (Entler).
    See
    415
    ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Entler violated
    Sections 9(a) and 9.1(d) of the Environmental Protection Act (415 ILCS 5/9(a) and 5/9.1(d)
    (2000)), Section 201.141 of the Board’s regulations (35 Ill. Adm. Code 201.141), and Sections
    61.145(c), 61.150(a), and 61.150(b) of the National Emissions Standards for Hazardous Air
    Pollutants for asbestos (40 C.F.R. 61.145(c), 61.150(a), 61.150(b)). The People further allege
    that Entler violated these provisions by causing air pollution, failing to properly contain asbestos-
    containing material (ACM), failing to properly mark trucks hauling away ACM, failing to keep
    temperature records, and failing to have an on-site representative during demolition. The
    complaint concerns Entler’s demolition project at 540 Cerro Gordo, Decatur, Macon 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 Entler 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 Entler 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 March 21, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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