ILLINOIS POLLUTION CONTROL BOARD
June 6, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
KERR-MCGEE REFINING
CORPORATION, a Delaware Corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 96-169
(Enforcement - Water)
ORDER OF THE BOARD (by G.T. Girard):
On March 23, 1996 the Illinois Attorney General, on behalf of the People of the State
of Illinois, filed a formal complaint and on May 22, 1996, an amended complaint naming as
respondent Kerr-McGee Refining Corporation regarding a gasoline filling station located at
2nd Avenue and North Main, White Hall, Greene County, Illinois. On June 3, 1996 the
parties filed a stipulation and proposal for settlement accompanied by a request for relief from
the requirements of Section 31(a)(1) of the Environmental Protection Act (Act) that proposed
stipulated settlements be presented at public hearing. (415 ILCS 5/31(a)(1) (1994).)
Section 31(a)(2) of the Act provides that whenever a complaint has been filed on behalf
of the Agency or by 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. 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 shall deny the request for relief and hold a
hearing.
The Board accordingly directs the Clerk to cause publication of the required newspaper
notice. The Board will reserve ruling on the parties request until after the statutory 21 days
has passed.
2
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the _____ day of ___________, 1996, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board