ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    THOMAS GRAY, an individual, STEVE
    WHYTE, an individual, GLADYS WHYTE,
    an individual, and WILLIAM McCOY, an
    individual,
    Respondents.
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    PCB 04-106
    (Enforcement – Cost Recovery)
    ORDER OF THE BOARD (by T.E. Johnson):
    On December 29, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Thomas Gray, Steve Whyte, Gladys Whyte
    and William McCoy (respondents). The complaint is a cost recovery to recover costs the Illinois
    Environmental Protection Agency (Agency) allegedly incurred in undertaking corrective or
    preventative action to remove the accumulation of used and waste tires on a site owned by
    respondents in Momence, Kankakee County. For the reasons below, the Board accepts the
    complaint for hearing.
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2002)), the
    Attorney General and the State’s Attorneys may bring actions before the Board to enforce
    Illinois’ environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2002); 35 Ill.
    Adm. Code 103. In this case, the People allege that the respondents are liable under Section
    55.3(d) of the Act (415 ILCS 5/55.3(d) (2002)) for failing to reimburse the State for any portion
    of the $131,902.48 expended in cleaning up the site. The People also allege that by failing
    without sufficient cause to take preventive or corrective action pursuant to notice given under
    Section 55.3(d) of the Act, the respondents are liable to the State of Illinois for punitive damages
    equal to at least $131,902.48 and up to $263.804.96. The People ask the Board to find that the
    respondents failed without sufficient cause to take preventive or corrective action pursuant to
    notice issued under Section 55.3(d) of the Act; to order respondents to pay at least $131,902.498
    to the Used Tire Management Fund, and to pay at least $131,902.48 and up to $263,804.96 as
    punitive damages; and to cease and desist from further violations, and to pay the People’s
    attorney fees and costs expended in pursuing this action.
    The Board finds that the complaint meets the content requirements of the Board’s
    procedural rules and accepts the complaint for hearing.
    See
    35 Ill. Adm. Code 103.204(c), (f),
    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 respondent fails within
    that timeframe to file an answer specifically denying, or asserting insufficient knowledge to form
    2
    a belief of, a material allegation in the complaint, the Board will consider the respondent to have
    admitted the allegation.
    See
    35 Ill. Adm. Code 103.204(d). The Board directs the hearing
    officer to proceed expeditiously to hearing.
    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

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