ILLINOIS POLLUTION CONTROL BOARD
    July 24, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    VALLEY RUN STONE, a division of AVERY
    GRAVEL CO., an Illinois corporation,
     
    Respondent.
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    PCB 04-6
    (Enforcement - Air)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On July 11, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Valley Run Stone, a Division of Avery Gravel Co.,
    Inc. (Valley Run Stone).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The
    People allege that Valley Run Stone violated Sections 9(b), 9.1(d), and 39.5(6)(b) of the
    Environmental Protection Act (Act), Sections 201.142 and 201.143 of the Board regulations, and
    several federal regulations implementing the federal Clean Air Act, which are enforceable under
    the Section 9.1(d) of the Act. 415 ILCS 5/9(b), 9.1(d), and 39.5(6)(b) (2002); 35 Ill. Adm. Code
    201.142 and 201.143; 40 C.F.R. 52.21(i)(l), (k), (m), and (n). The People further allege that
    Valley Run Stone violated these provisions by failing to obtain a construction permit, failing to
    comply with preconstruction prevention of significant deterioration standards, failure to obtain
    an operating permit, and failing to obtain a Clean Air Act permit. The complaint concerns a
    natural gas-fired power generation engine at Valley Run Stone’s quarry located in Lisbon,
    Kendall 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 Valley Stone Run 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 Valley Run Stone 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 July 24, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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