ILLINOIS POLLUTION CONTROL
    BOARD
    January
    21,
    1993
    PEOPLE OF THE STATE OF ILLINOIS
    Complainant.
    v.
    )
    PCB 92—68
    (Enforcement)
    CHE14-PLATE
    INDUSTRIES,
    INC.,
    an Illinois Corporation,
    )
    Respondent.
    INTERIM
    ORDER
    OF THE BOARD
    (by J.
    Anderson):
    On December 7,
    1992, People of the State of Illinois
    (complainant)
    filed Complainant’s Motion to Strike Affirmative
    Defenses in this matter.
    On December 11,
    1992, Complainant filed
    Complainant’s Motion for Summary Judgment.
    Chent-Plate Industries,
    Inc.
    (respondent) has not filed a
    response to either motion.
    The Board’s procedural rule 35 Ill. Adm. Code 103.140(c)
    states in pertinent part:
    Within 7 days after service of a written
    motion, or
    such other period as the Board or Rearing Officer may
    prescribe, a party may file a response in
    support
    of or
    in opposition to the motion, accompanied by affidavits
    or other evidence.
    If no response is
    filed,
    the
    parties shall be deemed to have waived objection to the
    granting of the motion, but such waiver of objection
    does not bind the Board in its determination...
    In its motion to strike, complainant requests the Board “to
    strike Chem-Plate’s first, second and third Affirmative Defenses
    as well as granting Complainant leave to reply to any response
    filed by Chem-Plate,
    if such response is filed.”
    (Compi. motion,
    December
    7, 1992 at 4.)
    In that the respondent has not
    responded, the respondent is deemed to have waived objection to
    grant of the motion.
    The Board grants complainants motion to strike.
    The
    complaint, filed on May 7,
    1992, alleges in Paragraphs #4 and #5
    that respondent failed to timely
    submit
    annual generator reports
    for 1989 and 199O,~respectively, by March 1,
    1990 and 1991,
    respectively.
    The complainant alleges that these failures
    violate the annual reporting requirements for a generator of
    hazardous
    waste
    who ships the waste off—site within the United
    States,
    found in Section 21(i) of the Environmental Protection
    0138-01421
    2
    Act
    (Act)
    and 35 I.1.
    Adm. Code 722.141(a)
    of the Board’s
    regulations.
    The Board has reviewed the respondents September
    3,
    1992 answer and affirmative defenses.
    The Board agrees with the
    complainant that
    (a) the respondent admits to the untimely
    filings and to the violations and
    (b)
    that its denial that such
    violations were deliberate or intentional speaks to mitigation,
    not the violation.
    In that no response to complainant’s motion
    was received, grant to complainant of leave to reply is denied as
    moot.
    In its mo;ion for summary judgment,
    con~p1aina~t
    requests
    the following:
    1.
    Granting Complainant’s motion for suary judgement as
    to all counts and issues in the Complaint herein;
    2.
    Finding that Respondent has violated Section 21(i)
    Of
    the
    (Environmental Protection) Act,
    131. Rev. Stat.
    1991,
    ch.
    111—1/2, par. 1021(i), and 35 Ill. Adm Code
    722.141;
    3.
    Assessing against Respondent a civil penalty of
    $25,000.00 per day;
    4.
    Assessing all costs in this action, including attorney
    fees, against Respondent;
    5.
    Granting •Complain~ntleave to file an affidavit of fees
    if the Board should assess costs against Respondent;
    6.
    Granting Complainant leave to file a reply to any
    response tiled by chem-Plate, if any such response is
    filed.; and
    7.
    Granting such other relief
    a~
    the Board deems
    appropriate and just.
    In that respondent has not responded, respondent is deemed
    to have waived objection to grant of the motion.
    The Board
    agrees that this case presents no genuine
    issue
    of
    material fact
    regarding the failure to file the reports and that as a matter
    of
    law respondent has violated the Act and Board regulation.
    The
    Board grants the complainants motion for summary judgement and
    finds that respondent Chea-Plate Industries,
    Inc. has violate
    Sect~on21(i) of the Environmental Protection Act and Board
    reguletions at 35 Ill~Mm.
    Code 722.141.
    The
    Board will determine the issues of the requested
    penalties and other remedies in a subsequent order.
    IT IS SO ORDERED.
    0138.01422
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution. Control
    Board, hereby certify that the above Interim Order was adopted on
    the
    ~
    /
    -‘~
    day of
    ________________,
    1993, by
    a vote of
    ~
    ~,
    Dorothy 14. 4~tinn,Clerk
    Illinois Pollution Control Board
    .0138-01423

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