ILLINOIS POLLUTION CONTROL BOARD
    January 8, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    U.S. DISMANTLEMENT CORPORATION,
    an Illinois corporation, AND
    USDC ENVIRONMENTAL, INC., an
    Illinois corporation,
    Respondents.
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    PCB 96-148
    (Enforcement - Air)
    INTERIM OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a motion filed on December 15, 1997, by the People
    of the State of Illinois, by the Attorney General of the State of Illinois (complainant), for entry
    of an order of default and judgment against U.S. Dismantlement Corporation and USDC
    Environmental, Inc. (respondents). Complainant requests that the Board enter an order finding
    (1) that the Board has personal jurisdiction over respondents; (2) that respondents are in default
    of this action; (3) that the amended complaint meets all jurisdictional prerequisites for the
    establishment of liability against respondents; and (4) that judgment in favor of complainant
    for the relief sought be granted. Upon review of the record, the Board makes an interim
    finding of default against each respondent; however, the Board orders complainant to provide
    additional information, argument, and affidavits, if necessary, in support of its request for
    penalties.
    On December 29, 1995, complainant filed a complaint against respondent, U.S.
    Dismantlement Corporation, pursuant to terms and provisions of Section 31 of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/31 (1996)), concerning facilities in Cook
    County, Illinois. On January 3, 1996, respondent, U.S. Dismantlement Corporation, was
    served with a copy of the complaint via certified mail. Copies of the return receipt cards were
    filed with the Board on October 7, 1996. To date, respondent, U.S. Dismantlement
    Corporation, has failed to appear and to answer the complaint or otherwise file any pleadings
    directed to this case.
    On July 23, 1997, complainant filed an amended complaint (Am. Comp.) against
    respondents, U.S. Dismantlement Corporation and USDC Environmental, Inc. pursuant to the
    terms and provisions of Section 31 of the Act (415 ILCS 5/31 (1996)), concerning facilities in
    Cook County, Illinois. Complainant alleges that respondents violated Sections 9.1(d) of the
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    Act and 40 CFR 61.145(b)(3).
    1
    Between July 24, 1997, and July 29, 1997, respondents were
    served with copies of the amended complaint via certified mail. Copies of the return receipt
    were attached with complainant’s December 15, 1997, motion for default and judgment against
    respondents. To date, each respondent has failed to answer the amended complaint or
    otherwise file any pleadings directed to this matter. Each respondent has failed to respond to
    complainant’s motion for default and judgment against respondents within the prescribed time
    in accordance with 35 Ill. Adm. Code 101.241.
    Based upon the record, the Board finds that the Board has personal jurisdiction over
    each respondent in this matter as complainant has satisfied the requirements necessary for
    service of the amended complaint on each respondent. The Board also finds that, as the
    amended complaint properly alleges violations of the Act, complainant’s amended complaint
    meets all jurisdictional prerequisites for the establishment of liability against each respondent.
    Further, the Board finds that each respondent is in default of this action as each respondent has
    failed to respond to complainant’s amended complaint.
    The Board issues an interim finding of default and judgment against each respondent.
    Insofar as complainant seeks the imposition of civil penalties, attorney fees, expert witness,
    and consultant fees, as outlined in the July 23, 1997, amended complaint (Am. Comp. at 9,
    14, 17, 19, 21), the Board cannot, however, enter an order granting complainant’s requested
    relief on the basis of the bare complaint. The Board accordingly orders complainant to
    provide the Board, on or before January 29, 1998, with information, argument, and affidavits,
    if necessary. Upon receipt and consideration of the aforementioned documents, the Board will
    issue a final order in this matter.
    INTERIM ORDER
    1.
    Respondent, U.S. Dismantlement Corporation, an Illinois Corporation, and
    respondent, USDC Environmental, Inc., an Illinois Corporation, are in default
    of this action.
    2.
    On or before January 29, 1998, complainant, People of the State of Illinois, by
    the Attorney General of the State of Illinois, shall file information, argument,
    and affidavits, if necessary, in support of its request for civil penalties, attorney
    fees, expert witness, and consultant fees, as outlined in its July 23, 1997,
    amended complaint.
    3.
    Respondent, U.S. Dismantlement Corporation, an Illinois Corporation, and
    respondent, USDC Environmental, Inc., an Illinois Corporation, shall file any
    response on or before February 12, 1998.
    1
    While the Board does not generally enforce the provisions of the Code of Federal
    Regulations, Section 9.1(d)(1) of the Act specifically authorizes enforcement of Sections 111,
    112, 165, and 173 of the Clean Air Act and regulations adopted pursuant thereto.
    3
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above interim opinion and order was adopted on the 8th day of January 1998, by a vote of
    6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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