ILLINOIS POLLUTION CONTROL BOARD
    June 15, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    J&S COMPANIES, INC., a Missouri
    corporation, and FIRST CHOICE
    CONSTRUCTION, INC., an Illinois
    corporation,
    Respondents.
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    PCB 06-33
    (Enforcement - Land)
    DISSENTING OPINION (by T.E. Johnson):
    I respectfully dissent with the majority opinion. Specifically, I disagree with the
    majority’s finding that First Choice admitted the facts contained in the complaint. I understand
    that pursuant to Section 103.204(d) of the Board’s regulations, not filing an answer or a motion
    challenging the complaint within 60 days of receiving the complaint results in an admission of
    the allegations in the complaint. First Choice did not comply with Section 103.204(d).
    Nevertheless, this issue is simply not before us at this time.
    The only pleading currently before the Board regarding First Choice is the People’s
    request to admit facts - a request to which First Choice timely and properly responded. While I
    agree that First Choice’s failure to comply with Section 103.204(d) may ultimately result in the
    admission of the allegations contained in the complaint, I think the Board is better served in
    addressing this failure based on an actual motion by the People – either a motion to deem facts
    admitted or a motion for summary judgment would be fitting. The majority’s
    sua sponte
    decision to find that First Choice admitted the allegations in the complaint is neither necessary
    nor appropriate at this time.
    For the above stated reasons, I respectfully dissent.
    Thomas E. Johnson
    Board Member
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    dissenting opinion was submitted on July 6, 2006.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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