ILLINOIS POLLUTION CONTROL BOARD
December 7,
1995
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 96—120
)
(Enforcement-Land)
DEALERS
READY
MIX
COMPANY,
d/b/a
FRANS
MATERIAL
)
CORPORATION,
a dissolved
)
Illinois corporation,
)
Respondent.
ORDER
OF
THE
BOARD:
On
December 1,
1995,
the Illinois Attorney General, on
behalf of the People of the State of Illinois and the Illinois
Environmental Protection Agency,
filed a formal complaint naming
Dealers Ready Mix Company,
d/b/a Frams Material Corporation,
a
dissolved Illinois corporation,
located at 2018 Lily Lake Road,
McHenry, NcHenry County, as respondent.
On December
1,
1995, the
parties filed a stipulation and proposal for settlement
accompanied by a request for relief from the requirements of
Section 31(a) (1) of the Environmental Protection Act
(Act)
that
proposed stipulated settlements be presented at public hearing.
(415 ILCS 5/3l(a)(1)
(1994).)
Section 31(a) (2)
of the Act provides that whenever a
complaint has been filed on behalf of the Agency or by the People
of the State of Illinois, the parties may file with the Board a
stipulation and proposal for settlement accompanied by a request
for relief from the requirement of a hearing.
The Board is
required to cause notice of the stipulation, proposal and request
for relief to be published, unless the Board in its discretion,
concludes that a hearing is necessary.
The notice is required to
include a statement that any person may file a written demand for
hearing within 21 days after receiving the notice.
If any person
files a timely written demand for hearing, the Board shall deny
the request for relief from a hearing and
hold a hearing.
The Board accordingly directs the Clerk to cause publication
of the required newspaper notice.
The Board will reserve ruling
on the parties request until after the statutory 21 days has
passed.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cer~4fythat the above order was adopted on the
~
day
of
~
,
1995, by a vote of
~
~,
~
2~.~
Dorothy M/Gunn,
Clerk
Il1inois~ollutionControl Board