ILLiNOIS POLLUTION CONTROL BOARD
February 1, 1996
PEOPLE OF THE STATE OF ILLINOIS
)
)
Complainant,
)
)
v.
)
PCB 96-61
)
(Enforcement
-
Land, Mining)
PAUL I. MAY & SONS, INC., an illinois
)
corporation, and Paul 5. May individually and
)
as President ofPaul I. May &
Sons,
Inc.,
)
Respondents.
ORDER OF THE BOARD (by M. McFawn):
On September 15, 1995, the Illinois Attorney General, on behalfofthe People ofthe
State ofIllinois and the Illinois Environmental Protection Agency, filed a formal complaint naming
Paul I. May & Sons, Inc., an illinois corporation, and Paul 5. May, individually and aspresident
ofPaul J. May & Sons, Inc. regarding the property located at 7009 Spring Grove, McHenry
County, as respondent. On January 30, 1996, the parties filed a stipulation and proposal for
settlement accompanied by a request for relief from the requirements ofSection 3 1(a)(1) ofthe
Environmental Protection Act (Act) that proposed stipulated settlements be presented at public
hearing. (415 ILCS 5/3 1(a)(1) (1994).)
Section 31(a)(2) ofthe Act provides that whenever a complaint has been filed on behalfof
the Agency or by the People ofthe State ofIllinois, the parties may file with the Board a stipula-
tion and proposal for settlement accompanied by a request for relieffrom the requirement ofa
hearing. The Board is required to cause notice ofthe 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 personmay file a written demandfor hearing
within 21 days after receiving the notice. Ifany person files a timely written demand for hearing,
the Board shall deny the request forrelief from a hearing and hold a hearing.
The Board accordingly directs the Clerk to cause publication ofthe required newspaper
notice. The Board will reserve ruling on the parties request until after the statutory 21 days has
passed.
IT IS SO ORDERED.
I, Dorothy
M.
Uunn, Clerk ofthe Illinois Pollution Control Board hereby certify that the
above order was adopted on theJ~W’ day of
-
,
1996, by a vote of
7—b
~Dorothy M. ,Gj(nn,
A.
Clerk
Illinois PolItitlon Control Board