ILLINOIS POLLUTION CONTROL BOARD
    November 20, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    EMMETT UTILITIES, INC. an Illinois
    corporation, and RUSSELL D. THORELL,
    individually and as president of EMMETT
    UTILITIES, INC.,
     
    Respondents.
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    PCB 04-81
    (Enforcement - Public Water Supply)
     
      
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 10, 2003, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Emmett Utilities, Inc. and Russell D.
    Thorell (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is
    the People’s allegation that the respondents violated Sections 12(a) and (f) and 18(a)(2) of the
    Environmental Protection Act (415 ILCS 5/12(a) and (f) and 18(a)(2) (2002)) and 35 Ill. Adm.
    Code 601.101 and 607.103(c). The People further allege that the respondents violated these
    provisions by (1) failing to protect the safety of a public water supply; (2) failing to provide
    continuous operation and maintenance of a public water supply; (3) allowing discharges of
    untreated effluent, raw sewage, and overflows into an unnamed tributary to the LaMoine River;
    (4) causing offensive conditions, including unnatural color, odor, sludge, and turbidity in the
    receiving stream; and (5) violating the conditions of National Pollutant Discharge Elimination
    System permit number IL0071030. The complaint concerns the respondents’ public water
    supply and wastewater treatment facilities at Stratford West townhouse subdivision near
    Macomb, McDonough 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 the respondents fail 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 the respondents 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 November 20, 2003, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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