ILLINOIS POLLUTION CONTROL BOARD
May 7, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SALT CREEK DRAINAGE BASIN
SANITARY DISTRICT, a municipal
corporation,
Respondent.
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PCB 98-93
(Enforcement - Water)
ORDER OF THE BOARD (by J. Theodore Meyer):
On December 30, 1997, the Illinois Attorney General, on behalf of the People of the
State of Illinois, filed a formal complaint naming as a respondent Salt Creek Drainage Basin
Sanitary District, a municipal corporation, located in DuPage County, regarding its facility
located at 201 South Route 83, Villa Park, DuPage County, Illinois. On April 30, 1998, 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 proposed
stipulated settlements 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 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 have passed.
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 7th day of May 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board