BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

ex rel.

LISA MADIGAN, Attorney

General of the State of Illinois,

Complainant,

vs.

ENVIRONMENTAL MANAGEMENT AND

ABATEMENT, INC.,

a California

corporation, and DANNY G.

KOHRDT,

individually and as president of

Environmental Management and

Abatement, Inc.,

CLERK’S OFAC~

OCT 1 5 20(33

STATE

OF IWNOIS

Pollution Control Board

PCE No. 02-5

(Enforcement

-

Land)

Respondent.

NOTICE OF FILING

TO: Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

Michael J. Maher

Elizabeth S. Harvey

Swanson, Martin & Bell

One IBM Plaza

330 N. Wabash Avenue

Chicago, Illinois 60611

PLEASE TAKE NOTICE that I have today filed a Motion for

Relief from the Hearing Requirement, a copy of which is attached

and herewith served upon you.

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General

State of Illinois

By:

-

~

~. ~

~..

_____

Mitchell L. Cohen

Assistant Attorney General

Environmental Bureau

188 West Randolph, Suite 2001

Chicago, IL 60601

312-814-5282

Dated: October 15, 2003

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

REC?~LE~

cx rel.

LISA MADIGAN, Attorney

)

CLERKS

OFFr~r

General of the State of Illinois,

)

OCT

1

5 2003

Complainant,

)

Pollutjo,~STATE

OFIWNOISControl

Board

vs.

)

PCB No. 02-5

(Enforcement

-

Land)

ENVIRONMENTAL MANAGEMENT AND

ABATEMENT, INC., a California

corporation, and DANNY G. KOHRDT,

individually and as president of

Environmental Management and

Abatement, Inc.,

Respondent:

MOTION FOR RELIEF FROM HEARING REQUIREMENT

NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by

LISA MADIGAN, Attorney General of the State of Illinois, and

pursuant to Section 31(c) (2) of the Illinois Environmental

Protection Act (“Act~), 415 ILCS 5/31(c) (2) (2002), moves that

the Illinois Pollution Control Board (“Board”) grant the parties

in the above-captioned matter relief from the hearing requirement

impose.d by Section 31(c) (1) of the Act, 415 ILCS 5/31(c) (1)

(2002). In support of this motion, Complainant states as

follows:

1. The Complaint in this matter alleges violations of the

Board’s waste disposal regulations in addition to Sections 21(a)

and 21(d) of the Act, 415 ILCS 5/21(a) and (d) (2002).

2. Complainant is filing this Motion and a Stipulation and

Proposal for Settlement with the Board.

3. The parties have reached agreement on all outstanding

---

issues in this matter.

4. This agreement is presented to the Board in a

Stipulation and Proposal for Settlement which was filed October

8, 2003, several days before this motion.

5. All parties agree that a hearing on the Stipulation and

Proposal for Settlement is not necessary, and respectfully

request relief from such a hearing as allowed by Section 31(c) (2)

of the Act, 415 ILCS 5/31(c) (2) (2002)

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

hereby requests that the Board grant this motion for relief from

the hearing requirement set forth in Section 31(c) (1) of the Act,

415 ILCS 5/31(c) (1) (2002).

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA

MADIGAN

Attorney General

State of Illinois

BY:

_______

MITCHELL L. COHEN

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., 20th Floor

Chicago, Illinois 60601

(312) 814-5282

DATE: October 15, 2003

---

CERTIFICATE OF SERVICE

I, MITCHELL L. COHEN, an Assistant Attorney General, do

certify that I caused to be mailed this 15th day of October,

2003, a copy of the Motion for Relief from

Hearing Requirement,

Notice of Filing, and Certificate of

Service

upon the persons

listed below:

Mike Maher

Elizabeth Harvey

Swanson, Martin & Bell

One IBM Plaza, Suite 2900

330 North Wabash

Chicago, Illinois 60611

Bradley P. Halloran

Hearing Officer

Pollution Control Board

JRTC, Suite 11-500

Chicago, IL 60601

MITCHELL L. COHEN