ILLINOIS POLLUTION CONTROL BOARD
    November 21, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ECONOMY PLATING, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 97-69
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    This order accepts the November 14, 2002 amended complaint for hearing.
     
    On October 10, 1996, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against Economy Plating, Inc.
    (Economy).
    See
    415 ILCS 5/31(c)(1) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002; 35
    Ill. Adm. Code 103.204. The People allege that Economy violated Sections 9(a) and (b) of the
    Environmental Protection Act (Act) and Sections 201.143, 201.302, 201.144, 254.102(c),
    254.402, and 301.142 of the Board air pollution regulations. 415 ILCS 5/9(a) and (b); 35 Ill.
    Adm. Code 201.143, 201.302, 201.144, 254.102(c), 254.402, and 301.142. The People further
    alleged that Economy violated these provisions by operating equipment without a permit,
    constructing a tank and a fume scrubber without a permit, and failing to file annual reports.
     
    The People filed an amended complaint on August 12, 2002, containing a total of five
    counts and alleging additional violations of Sections 9(b) and 9.1(d)(1) of the Act for violating
    federal regulations and certain conditions of its special operating permit. 415 ILCS 5/9(b) and
    9.1(d)(1) (2000). Both the complaint and the amended complaint concern Economy’s
    electroplating facility located at 2350 N. Elston Avenue, Chicago, Cook County.
     
    The Board did not accept the People’s amended complaint for hearing due to several
    errors. In an order dated October 3, 2002, the Board ordered the People to correct the errors and
    refile the amended complaint by November 2, 2002. On November 14, 2002, the People filed a
    motion for leave to file late along with a second amended complaint alleging the same violations
    and correcting all errors cited in the Board’s October 3, 2002 order.
     
    The Board grants the People’s motion to file late and accepts the November 14,
    2002amended 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 Economy fails within that timeframe to file an answer specifically
    denying, or asserting insufficient knowledge to form a belief of, a material allegation in the
     
    2
    complaint, the Board will consider Economy 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 November 21, 2002, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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