ILLINOIS POLLUTION CONTROL BOARD
December 4, 2003
MATE TECHNOLOGIES, INC.,
Complainant,
v.
F.I.C. AMERICA CORPORATION,
Respondent.
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PCB 04-75
(Citizens Enforcement - Land)
ORDER OF THE BOARD (by T.E. Johnson):
On October 24, 2003, Mate Technologies, Inc. (Mate) filed a complaint against F.I.C.
America Corporation (FIC).
See
415 ILCS 5/31(d) (2000); 35 Ill. Adm. Code 103.204. Mate
alleges that FIC violated Sections 9(a), 12(a), and 21(e) of the Environmental Protection Act
(Act) (415 ILCS 5/9(a), 12(a) and 21(e) (2002) as well as 35 Ill. Adm. Code 703.121(a),
722.111, 739.122(a), 739.181 and 815.201. Mate further alleges that FIC violated these
provisions by failing to contain or control the oil disseminated from its operations and allowing
the release of oil through windows, doors and other openings in the building and via storm
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Section 101.304(c) of the Board's procedural rules requires that “service of enforcement
complaints . . . must be made personally, by registered or certified mail, or by messenger
service.” 35 Ill. Adm. Code 101.304(c).
Likewise, Section 103.204(a) of the Board’s procedural rules provides that, “an
enforcement proceeding will be commenced by the service of a notice and complaint by
registered certified mail, messenger service, or personal service upon all respondents and the
filing of one original and nine copies of the notice and complaint with the [Board’s] Clerk.” 35
Ill. Adm. Code 103.204(a). Proof of service must be filed with the Board.
See
35 Ill. Adm.
Code 101.304(d).
To date, the Board has not received any proof of service in this case. Although FIC’s
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Any questions the parties have should be directed to Hearing Officer Brad Halloran at
(312) 814-3620.
2
The Board will reserve its ruling on accepting the complaint for hearing until the proof of
service is filed. In addition, the motion for extension of time is referred to the hearing officer for
disposition.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on December 4, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
