ILLiNOIS POLLUTION CONTROL BOARD
February 1, 1996
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB 96-122
)
(Enforcement
-
Air)
EUGENE GROTHAUS,
)
)
Respondents.
)
ORDER OF THE BOARD (by J. Theodore Meyer):
On December
5,
1996, 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 as
respondent, Eugene Grothaus, regarding his property located at Central and South First Streets,
Benld, Macoupin County. On January 29, 1996, the parties filed a stipulation and proposal for
settlement accompanied by a request for relieffrom the requirements ofSection 31(a)(1) ofthe
Environmental Protection Act (Act) that proposed stipulated settlements be presented at public
hearing.
(415
ILCS
5/31(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 of a
hearing. The Board is required to caine notice ofthe stipulation, proposal and request for relief
to be published, unless the Board in its discretion, concludes that ahearing 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 writtcn dcmand for hearing,
the Board shall deny the request for relieffrom a hearing and hold ahearing.
The Board accordinglydirects 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.
2
I, Dorothy M. Gunn, Clerk ofthe Illinois ollution Control Board, hereby certi!~rthat the
above order was adopted on the/4’~ day of
,
1996, by a vote of
~
~
Dorothy M. G~(I~fI,
Clerk
Illinois Pollutibji Control Board