ILLINOIS POLLUTION CONTROL BOARD
    November 15, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    KUCERA DISPOSAL COMPANY,
     
    Respondent.
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    PCB 01-134
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by E.Z. Kezelis):
     
    On March 30, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Kucera Disposal Company (Kucera).
    See
    415
    ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Kucera violated
    Section 21(d) of the Environmental Protection Act (Act) (415 ILCS 5/21(d) (2000)) and
    operating permit 1983-22-OP part IV, Section A, 26 and special condition 15. The People
    further allege that Kucera violated these provisions by stockpiling construction and demolition
    debris and chipping and storing wood wastes under a metal canopy. The complaint concerns
    Kucera’s site at 1800 South Laramie, Cicero, Cook County.
     
    On November 8, 2001, the People and Kucera 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) (2000)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a).
     
    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
    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. 415 ILCS 5/31(c)(2) (2000); 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 November 15, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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