ILLINOIS POLLUTION CONTROL BOARD
June 6, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ACTION ATHLETIC EQUIPMENT, INC.,
an Illinois corporation,
Respondent.
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PCB 02-213
(Enforcement - Air)
ORDER OF THE BOARD (by C.A. Manning):
On May 31, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a five-count complaint against Action Athletic Equipment, Inc.
(Action).
See
415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege
that Action violated Sections 9, 9.8 and 39.5 of the Environmental Protection Act (Act) (415
ILCS 5/9, 9.8, 39.5 (2000)) and the Board’s air pollution regulations. The People further
allege that Action violated these provisions by discharging or emitting volatile organic material
without a permit pursuant to the Clean Air Act Permit Program (CAAPP), failing to timely
submit applications under the CAAPP and the Emission Reduction Market System program,
and failing to timely submit seasonal emission reports. The complaint concerns the painting
process of Action’s wrestling pad manufacturing facility at 3144 21st Street, Zion, Lake
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 Action 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 Action 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 June 6, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board