ILLINOIS POLLUTION CONTROL BOARD
    May 20,2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    SMITHFIELD PROPERTIES, L.L.C., an
    Illinois limited liability company, WOOTON
    CONSTRUCTION, LTD., an Illinois
    corporation, and CHICAGO SUN-TIMES,
    INC., a Delaware corporation,
     
    Respondents.
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    PCB 04-192
    (Enforcement – Land, Water)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 5, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Smithfield Properties, L.L.C., Wooton
    Construction, LTD., and Chicago Sun-Times, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1)
    (2002); 35 Ill. Adm. Code 103.204. The eleven-count complaint alleges that Smithfield
    Properties, L.L.C. (Smithfield) and Wooton Construction LTD (Wooton) violated Sections 12(a),
    57.6(a), 57.7(a)(1) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), 57.6(a),
    57.7(a)(1) (2002)) and 35 Ill. Adm. Code 732.200; 732.202(a), (b), (d) and (e); 732.300(a); and
    732.307(a). The complaint alleges that Chicago Sun-Times (Sun-Times) violated Sections 12(a)
    and (d); and 57.6(a) of the Environmental Protection Act (Act) (415 ILCS 5/12(a) and (d);
    57.6(a) (2002)) and 35 Ill. Adm. Code 732.202(e). The complaint asserts that respondents
    violated these various provisions of the Act and Board regulations by failing to properly evaluate
    and comply with reporting and response requirements, as well as causing, threatening or
    allowing water pollution at a site located at 222 South Racine Avenue, Chicago, Cook 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 respondent 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 respondent 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 May 20, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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