ILLINOIS POLLUTION CONTROL
    BOARD
    April 22, 1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 93—58
    (Enforcement)
    L. KELLER OIL
    )
    PROPERTIES, INC.,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on its own motion. On April
    14, 1993, in response to a hearing officer order directing the
    parties to address the issue of venue, complainant the People of
    the State of Illinois (People) filed a brief. Respondent has not
    filed any response to the hearing officer order.
    The issue faced today is whether venue for hearing is proper
    in Sangamon County. The complaint alleges violations of the
    reporting requirements of 35 Ill.Adm.Code 731.162(b), 731.163(a),
    and 731.164(d). Those sections require reports to be submitted
    to the Illinois Environmental Protection Agency (Agency) in
    connection with corrective action for leaking underground storage
    tanks. The complaint alleges violations in connection with
    facilities owned by respondent L. Keller Oil Properties in
    Jefferson, Coles, Madison, Piatt, and Marion Counties.
    The People contend that venue for hearing is proper in
    Sangamon County. The People note that Sections 731.162, 731.163,
    and 731.164 require that reports be filed with the Agency, that
    for the purpose of such reporting the Agency is located in
    Springfield, Sangamon County, and that the alleged violations
    occurred when the required reports and information were not
    submitted to the Agency. The People acknowledge the possibility
    of other venues, such as the counties in which the releases
    occurred and the reports would have been generated. However, the
    People maintain that the county in which the submission of the
    required reports must be filed is Sangamon, and that thus
    Sangamon County has more of a nexus to the alleged violations.
    The Board finds that Sangamon County is indeed one of
    several proper locations for hearing. Section 103.125(b) of the
    Board’s procedural rules states that hearing shall be held in the
    county in which the alleged violation occurred, or in such other
    county as the hearing officer shall for stated cause designate.
    Pursuant to that rule, hearing may be held in Sangamon County,
    01 ~
    I -0275
    2
    since that is where the reports must be filed. The Board notes,
    however, that it will continue to publish notice of hearing in
    the county in which the facility is located, as well as the
    county where the hearing takes place.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif~rthat the above order was adopted on the
    ~
    day of
    _________________,
    1993, by a vote of
    _______
    I
    Dorothy N. 7Gunn, Clerk
    Illinois P~l1utionControl Board
    OIL1I
    -0276

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