ILLINOIS POLLUTION CONTROL BOARD
October 16, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MacMURRAY COLLEGE, an Illinois
corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 04-50
(Enforcement - Air)
ORDER OF THE BOARD (by T.E. Johnson):
On October 9, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against MacMurray College.
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the People’s allegation that
MacMurray College violated Sections 9.1(d) and 21(a), (e), and (p)(1) of the Environmental
Protection Act (Act) (415 ILCS 5/9.1(d) and 21(a), (d)(1), (d)(2) and 21(a), (e), and (p)(1)
(2002)) and 40 C.F.R. 61.145(a), (b)(1), (c)(2), and (c)(8) and 61.150(a)(1) and (b). The People
further allege that MacMurray College violated these provisions by removing asbestos-
containing materials (ACMs) without prior inspection for ACM, without providing the Illinois
Environmental Protection Agency (Agency) with notification of demolition and renovation,
without properly wetting and maintaining ACM as wet, and without having a person on-site at all
times that was trained in asbestos removal requirements; by failing to transport asbestos-
containing waste to disposal as soon as practical; by open dumping of waste; by conducting
waste storage operations without a permit; by causing storage of waste at a site not permitted to
accept waste for storage, treatment, or disposal; by open dumping of waste resulting in litter; and
by open dumping that resulted in accumulation of construction debris. The complaint concerns
MacMurray College’s old field house on its campus at 460 Hardin Street, Jacksonville, Morgan
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 MacMurray College 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 MacMurray College 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.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 16, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board