ILLINOIS POLLUTION CONTROL BOARD
    May 17, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    STRATA GEOLOGIC SERVICES, INC.,
    Respondent.
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    PCB 06-119
    (Enforcement – UST)
    ORDER OF THE BOARD (by A.S. Moore):
    On December 29, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a four-count complaint alleging violations stemming from an
    August 2000 release from an underground storage tank (UST) system owned by Strata Geologic
    Services, Inc. (Strata) at 3801 14th Avenue, Rock Island, Rock Island County, and a June 2003
    release from a UST system also owned by Strata at 210 East 1st Street, Milan, Rock Island
    County. Specifically, the complaint “plead four counts, Count I – Reporting Violations – August
    2000 Release, Count II – Failure to Investigate and Remediate Site – August 2000 Release,
    Count III – Reporting Violations June 2003 Release, and Count IV – Failure to Investigate and
    Remediate Site – June 2003 Release.” Mot. at 1-2. The People state that “[n]o Answer or
    responsive pleading to the Complaint has been filed by Strata.”
    Id
    . at 1.
    On April 27, 2007, the People filed a motion for leave to file an amended complaint
    (Mot.), accompanied by an amended complaint. The People state that they have now determined
    that, although late, Strata filed “a 20-Day Certification, 45 Day Report and Site Classification
    Complete Report regarding the August 2000 release.” Mot. at 2. Strata has not completed
    remediation at that site.
    Id
    . With regard to the June 2003 release, the People state that Strata
    filed a Corrective Action Completion Report and received a No Further Remediation Letter but
    never submitted a 20 Day Certification or 45 Day Report. The People state that their “Amended
    Complaint pleads two counts, Count I – August 2000 Release and Count II – June 2003
    Release.”
    Id
    .
    The Board’s procedural rules provide that, “[w]ithin 14 days after service of a motion, a
    party may file a response to the motion. If no response is filed, the party will be deemed to have
    waived objection to the granting of the motion, but the waiver of objection does not bind the
    Board or the hearing officer in its disposition of the motion.” 35 Ill. Adm. Code 101.500(d).
    Strata has not filed a response to the People’s motion.
    The Board grants the People’s motion for leave to file an amended complaint and accepts
    the People’s amended complaint. A respondent’s failure to file an answer to a complaint within
    60 days after receiving the complaint may have severe consequences. Generally, if Strata fails
    within that deadline to file an answer specifically denying, or asserting insufficient knowledge to
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    form a belief of, a material allegation in the complaint, the Board will consider Strata to have
    admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to
    proceed expeditiously to hearing on the amended complaint.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on May 17, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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