ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2005
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    VALLEY PETROLEUM, INC., an Illinois
    corporation,
    Respondent.
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    PCB 01-115
    (Enforcement - Air, Water, Land)
    ORDER OF THE BOARD (by A. Moore):
    On February 15, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Valley Petroleum, Inc. (Valley Petroleum).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Valley
    Petroleum’s service station at 260 Schmale Road, in Carol Stream, DuPage County. The parties
    now seek to settle without a public hearing. For the reasons below, the Board directs the Clerk to
    provide public notice of the parties’ stipulation, proposed settlement, and request for relief from
    the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2004); 35 Ill. Adm.
    Code 103. In this case, the People allege that Valley Petroleum violated Sections 9(a), 12(a) and
    (d), and 57.6 of the Act (415 ILCS 5/9(a), 12(a) and (d), and 57.6 (2004)) and 35 Ill. Adm. Code
    732.202, 732.300, and 732.302(d). According to the complaint, Valley Petroleum violated these
    provisions by (1) causing, threatening, or allowing air pollution; (2) causing, threatening, or
    allowing water pollution; (3) creating a water pollution hazard; (4) violating underground storage
    tank (UST) release 20-day and 45-day reporting requirements; (5) violating UST release
    response requirements; and (6) failing to file a free product report.
    On July 25, 2005, the People and Valley Petroleum filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2004)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Valley
    Petroleum neither admits nor denies the alleged violations but agrees to pay a civil penalty of
    $10,000.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    2
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing.
    See
    415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 4, 2005, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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