ILLINOIS POLLUTION CONTROL BOARD
July 24, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
AARGUS PLASTICS, INC., an Illinois
corporation,
Respondent.
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PCB 04-9
(Enforcement - Air)
ORDER OF THE BOARD (by T.E. Johnson):
On July 17, 2003, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Aargus Plastics, Inc. (Aargus Plastics).
See
415
ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the People’s allegation that
Aargus Plastics violated Sections 9(a) and (b) and 39.5(6)(b) of the Environmental Protection
Act (415 ILCS 5/ (2002)), 35 Ill. Adm. Code 201,302(a), 201.303, 205.150(c)(1), 205.300(b)(1),
and 218.401(a), and conditions 5.5.1, 5.7.1, 6.7(a)(i), 7.1.3(b), (c), and (d), 7.1.6, 9.2.1, and 9.8
of Clean Air Act Permit Program operating permit number 95110088. The People further allege
that Aargus Plastics violated these provisions by using flexographic printing inks that exceeded
the maximum allowable volatile organic material (VOM) content after the deadline for using
compliant inks and in violation of conditions set by permit, by failing to submit reports and
certifications required by permit condition, by emitting VOM in excess of amounts allowed by
permit condition and by regulations, by submitting false reports required by permit condition and
regulations, by operating an emission source not in compliance with permit conditions, and by
failing to submit required notification of non-compliance with permit conditions. The complaint
concerns Aargus Plastics’ polyethylene bag manufacturing facility at 1415 Redeker Road, Des
Plaines, Cook 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 Aargus Plastics 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 Aargus Plastics 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on July 24, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board