ILLINOIS POLLUTION CONTROL BOARD
January 22, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
REILLY INDUSTRIES, INC.,
Respondent.
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PCB 03-182
(RCRA Enforcement – Air, Water)
ORDER OF THE BOARD (by T.E. Johnson):
On April 17, 2003, the Board accepted a complaint in this matter filed by the Office of
the Attorney General, on behalf of the People of the State of Illinois (People) against Reilly
Industries, Inc. (Reilly). The complaint concerns Reilly Industries’ coal tar distillation process
facility at 1450 Edwardsville Road, Granite City, Madison County.
On November 26, 2003, the People filed a motion to file a supplemental complaint. The
People assert that in the interests of administrative efficiency, an amended complaint is necessary
to address violations alleged to have occurred subsequent to the filing of the initial complaint.
The People further contend that Reilly has waived the requirements of Section 31 of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/31 (2002). To date, Reilly has filed no
response to the motion.
The People allege two additional counts in the amended complaint. The remainder of the
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As previously stated, Reilly has filed no response to the motion. If a party files no
response to a motion within 14 days the party will be deemed to have waived objection to the
granting of the motion.
See
35 Ill. Adm. Code 101.500(d). The Board finds that the People have
met the requirements of the Board’s procedural rules for filing an amended complaint (
see
35 Ill.
Adm. Code 103.204 and 103.206), and grants the motion to file an amended complaint. The
Board accepts the amended 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 Reilly 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 Reilly to have admitted the allegation. 35 Ill. Adm.
Code 103.204(d). The Board directs the hearing officer to proceed expeditiously to hearing.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 22, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
