ILLINOIS POLLUTION CONTROL BOARD
May 20, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DUR-O-WAL, INC.,
Respondent.
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PCB 04-194
(Enforcement - Water)
ORDER OF THE BOARD (by N.J. Melas):
On May 6, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a three-count complaint against Dur-O-Wal, Inc. (Dur-O-Wal)
See
415
ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Dur-O-Wal violated
Sections 12(a), (b), and (f) of the Environmental Protection Act and Sections 304.105,
304.141(b), and 309.102(a) of the Board’s water quality regulations. The People further allege
that Dur-O-Wal violated these provisions by discharging contaminants into a storm sewer
without a National Pollutant Discharge Elimination System (NPDES) permit and for discharging
contaminants in violation of its existing NPDES permit. The complaint concerns Dur-O-Wal’s
wire drawing, fabrication, and zinc galvanizing facility located at 625 Crain Street, Aurora, Kane
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 Dur-O-Wal 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 Dur-O-Wal 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.
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