ILLINOIS POLLUTION CONTROL BOARD
July 10, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF BARTLETT,
Respondent.
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PCB 97-236
(Enforcement - Water)
ORDER OF THE BOARD (by C.A. Manning):
On June 26, 1997, the Illinois Attorney General, on behalf of the People of the State of
Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal complaint
against the Village of Bartlett located in Cook, Kane, and DuPage Counties, Illinois, regarding
its wastewater treatment facilities located in DuPage County, Illinois. On the same day, the
parties filed a stipulation and proposal for settlement accompanied by a request for relief from
the requirement of Section 31(c)(2) of the Environmental Protection Act (Act) that the
proposed stipulation and proposal for settlement be presented at public hearing. 415 ILCS
5/31(c)(2)(1996).
Section 31(c)(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. 415 ILCS 5/31(c)(2)(1996). 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 will deny the
request for relief from a hearing.
The Board accordingly directs the Clerk of the Board to cause publication of the
required newspaper notice. The Board will reserve ruling on the parties’ request for relief
from the hearing requirement until after the statutory 21 days has passed.
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 10th day of July 1997, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board