ILLINOIS POLLUTION CONTROL BOARD
April 18, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FOX VALLEY DRY WALL, INC., an
Illinois corporation,
Respondent.
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PCB 02-162
(UST Enforcement)
ORDER OF THE BOARD (by S.T. Lawton, Jr.):
On April 2, 2002, the People of the State of Illinois filed a complaint against Fox
Valley Dry Wall, Inc. (FV Dry Wall) for failure to perform timely site classification and early
action requirements at its manufacturing facility located at 707 North Highland, Aurora, Kane
County. Specifically, the complainant alleges that FV Dry Wall violated Sections 57.6 and
57.7(b) of the Environmental Protection Act (Act) (415 ILCS 5/57.6, 57.7(b) (2000)), and
Sections 732.300(a), 732.100(c), 732.202, and 732.307(b) of the Board regulations. (35 Ill.
Adm. Code 732.300(a), 732.100(c), 732.202, 732.307(b)).
The Board accepts the complaint for hearing.
See
35 Ill. Adm. Code 103.2 12(c). A
respondent’s failure to file an answer to a complaint within 60 days after receiving the
complaint may have severe consequences. If FV Dry Wall 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 FV Dry Wall 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 April 18, 2002, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board