ILLINOIS POLLUTION CONTROL BOARD
    May 2, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    JOHN PRIOR d/b/a , PRIOR OIL
    COMPANY, and JAMES MEZO
    d/b/a MEZO OIL COMPANY,
     
    Respondents.
     
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    PCB 02-177
    (RCRA Enforcement – Water)
     
     
     
     
      
      
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On April 19, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against John Prior d/b/a Prior Oil Company, and
    James Mezo d/b/a Mezo Oil Company (respondents).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill.
    Adm. Code 103.204. The People allege that respondents violated Sections 21(a), 21(p)(6),
    21(d), 21(e), 21(d)(2), 12(a), 12(d) of the Illinois Environmental Protection Act and Sections
    812.101; 722.111; 739.122; 302.203 of the Board’s Waste Disposal Regulations (415 ILCS
    5/21(a), (p)(1),(p)(6), (d), (e), (d)(2), 12(a) (2000)) and 35 Ill Adm. Code 812.101, 722.111,
    739.122, 302.203 (1994)). The People further allege that respondents violated these
    provisions by open dumping violations, permit and labeling violations, failure to make
    hazardous waste determinations, failure to perform clean-ups, discharges of crude oil into a
    city park and waterways, and the creation of water pollution hazards and offensive conditions.
    The complaint concerns respondents’ facilities at 140 Gompers Street, Wamac, Washington
    County; Wamac City Park, Wamac, Washington County; 224 Wabash, Wamac, Washington
    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 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 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.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on May 2, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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