ILLINOIS POLLUTION CONTROL BOARD
September 5, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BELL SPORTS INC., a California
corporation, and WASTE HAULING
LANDFILL, INC., an Illinois corporation,
and WASTE HAULING, INC., an Illinois
corporation,
Respondents.
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PCB 95-91
(Enforcement - RCRA)
ORDER OF THE BOARD (by J. Theodore Meyer):
On March 14, 1995, the Illinois Attorney General, on behalf of the People of the State
of Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal complaint
naming as a respondent Bell Sports, Inc., a California corporation (Bell), and Waste Hauling
Landfill, Inc., an Illinois corporation and Waste Hauling, Inc., an Illinois corporation. On
August 26, 1996, the parties filed a stipulation and proposal for settlement as to Bell only
1
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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 will deny the request for relief from a hearing
and hold 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 until after the
statutory 21 days has passed.
IT IS SO ORDERED.
1
No stipulation and proposal for settlement has been filed for Waste Hauling Landfill, Inc. or
Waste Hauling, Inc. and the Bell stipulation does not address these other respondents.
2
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