ILLINOIS POLLUTION CONTROL BOARD
    May 17, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
     
    Complainant,
     
     
    v.
     
    TRUSERV CORPORATION,
     
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 00-190
    (Enforcement – RCRA)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 11, 2000, the People of the State of Illinois (People) filed a five-count
    complaint against respondent TruServ Corporation (TruServ). The complaint alleges violation
    of Sections 21(d-f) and 21(i) of the Environmental Protection Act (Act) (415 ILCS 5/21(d-f),
    21(i) (1998)), and the Board’s regulations at 35 Ill. Adm. Code 722.111, 807.201, and
    807.202(a). TruServ allegedly failed to make hazardous or special waste determinations, failed
    to obtain development or operating permits, and transported waste into the State for disposal at
    a facility not in compliance with Section 21 of the Act, located at 201 East Brink Street,
    Harvard, McHenry County, Illinois.
     
    Also on May 10, 2001, the parties filed a stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). TruServ neither admits nor denies the alleged violations
    in the complaint, but proposes to pay a $10,000 penalty.
     
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. 415 ILCS 5/31(c)(2) (1998). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement.
     
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 17th day of May 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board
     

    Back to top