ILLINOIS POLLUTION CONTROL BOARD
August 15, 1996
THOMAS CORNING AND
KIMBERLY CORNING,
Complainant,
v.
THURELA'S, PAM HEGJI AND
ARTHUR HEGJI AS OWNERS,
Respondent.
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PCB 96-69
(Enforcement - Noise)
ORDER OF THE BOARD (by J. Yi):
This matter comes before the Illinois Pollution Control Board (Board) upon a
complaint
filed
,
September 20, 1995, by Thomas and Kimberly Corning (complainants), against Pam and
Authur Hegji as the Owners of Thurela’s (respondents). The complaint alleges that the
respondents violated Sections 23 and 24 of the Environmental Protection Act (Act) and the
Board’s regulations at 35 Ill. Adm. Code 900.102, 900.103, and 900.104 relating to noise
nuisances. (415 ILCS 5/23 and 5/24.)
The parties filed a Stipulation and Settlement Agreement on August 1, 1996 pursuant to
Section 33 of the Act and 35 Ill. Adm. Code 103.180. (415 ILCS 5/33.) The Stipulation sets
forth facts relating to the nature, operations and circumstances surrounding the claimed
violations. The respondents deny any alleged violations but “desire to settle in good faith the
claims set forth in the Complaint and to avoid the expense, uncertainty, and distraction created
by the Litigation”. (Agreed Stipulation and Proposal for Settlement at 1.)
Pursuant to Section 31(b) of the Act and 35 Ill. Adm. Code 103.180 in order for the
Board to accept and enter the proposed stipulation and settlement agreement into a Board order
a hearing must be held. (415 ILCS 5/31(b).) Pursuant to 35 Ill. Adm. Code 103.180(b) the
parties must present the proposed stipulation and settlement at hearing and allow for interested
persons to comment.
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proposed settlement agreement to be entered into the record, the complainant may withdraw
the complaint and the Board will close the docket in this matter without addressing the
stipulation and proposed settlement agreement.
The Board will direct the hearing officer to contact the parties to determine if they wish
to proceed to a hearing so that the stipulation and proposed settlement agreement may be
entered into a Board order. If so the hearing officer shall set this matter for hearing. If the
parties do not wish to go to hearing, the complainant must file a motion to withdraw the
complaint.
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