BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
FARMERS
&
TRADERS BANCSHARES,
INC., an Illinois corporation, and PEDRIANA
GUSTAFSON, INC., an Illinois corporation
No. 08-98
(Enforcement-Water)
Complainant,
v.
Respondents.
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MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General ofthe State of Illinois, and requests relieffrom the
hearing requirement in the above-captioned matter. In support thereof, the Complainant
states as follows:
1.
On June 19,2008, the Complaint was accepted for hearing by the
Pollution Control Board ("Board") in this matter. On July 14, 2008, a Stipulation and
Proposal for Settlement was filed with the Board.
If accepted, the Stipulation and
Proposal for Settlement will dispose
of the case.
2.
Section 31(c)(2)
of the Illinois Environmental Protection Act ("Act"), 415
ILCS 5/31 (c)(2) (2006), allows the parties in certain enforcement cases to request relief
from the mandatory hearing requirement where the parties have submitted to the Board a
stipulation and proposal for settlement. Section 31(c)(2) provides:
Notwithstanding the provisions
of subdivision (1) of this subsection (c), 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
Electronic Filing - Received, Clerk's Office, July 16, 2008
pursuant to subdivision (1). Unless the Board, in its discretion, concludes that a
hearing will be held, the Board shall cause notice of the stipulation, proposal and
request for reliefto be published and sent in the same manner as is required for
hearing pursuant to subdivision (1)
ofthis subsection. The notice shall 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 shall hold a hearing
in accordance with the provisions
of subdivision (1).
3.
No hearing is currently scheduled in the instant case.
4.
The Complainant requests the relief conferred by Section 31 (c)(2) of the
Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney General of the State of Illinois, requests relief from the
requirement
of a hearing pursuant to 415 ILCS 5/31 (c)(2) (2006).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of Illinois
By:
f/tLt/LV>14
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VANESSA M. CORDONNIER
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-0608
Electronic Filing - Received, Clerk's Office, July 16, 2008