fl~fl1~J1/~\

BEFORE THE

ILLcIc~ 1JI\~JU~~ROL

BOARD Cp~~

PEOPLE OF THE STATE OF ILLINOIS,

)

OCT 1 ~

20U3

Complinant,

ST/ ~p

ILLINOIS

v.

)

No. PCB

03

- e

ro/ Board

CHICAGO DIVERSIFIED PROJECTS, INC.,

(Erc~&~1~

#&a~r)

an Illinois Corporation,

Respondent.

NOTICE OF FILING

TO: See Attached Service List

PLEASE TAKE NOTICE that on October 15, 2003, we filed with

the Illinois Pollution Control Board a Motion for Relief from the

Hearing Requirement, a true and correct copy of which is attached

and hereby served upon you.

Respectfully submitted,

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

---

SERVICE LIST

Norman Chimenti

Martin, Craig, Chester & Sonnenschein

00T i

2215 York Road, Suite 550

~

~OC3

Oak Brook, IL 60523

STArE Qr.

Po/I~t10

n

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

JRTC, Suite 11-500

Chicago, IL 60601

---

BEFORE THE ILLINOIS

P~~L

BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

ot~,

Complainant,

)

-3

v.

)

No. PCB

0 ~

1

3

Po,1~10,7~

CHICAGO

DIVERSIFIED PROJECTS, INC.,

)

(evee~e~u~~er)

an Illinois

Corporation,

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

imposed 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 violation of the

Section 9.1(d) of the Act, 415 ILCS 5/9.1(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:

_______

M TCHELL 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 COHEN, an Assistant Attorney General, certify

that on the 15th day of October, 2003, I caused to be served by

First Class Mail the foregoing Motion for Relief from the Hearing

Requirement to the parties named on the attached service list, by

depositing same in postage prepaid envelopes with the United

States Postal Service located at 100 West Randolph Street,

Chicago, Illinois 60601.

MITCHELL L. COHEN