ILLINOIS POLLUTION CONTROL BOARD
June 5, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ASHLAND, INC., a Kentucky corporation,
Respondent.
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PCB 97-93
(Enforcement - Air)
ORDER OF THE BOARD (by G.T. Girard):
On November 25, 1996 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 Ashland, Inc., a Kentucky corporation, regarding its
gasoline dispensing facilities located at 22 West 275 North Avenue, Glen Ellyn, DuPage
County, 8716 Ogden Avenue, Lyons, Cook County, 15301 South Harlem, Oak Forest, Cook
County, 855 East Touhy Avenue, Des Plaines, Cook County, 8000 West 95
th
Street, Hickory
Hills, Cook County, 1021 North Rand Road, Arlington Heights, Cook County, and 1010
North Milwaukee, Deerfield, Lake County. On May 16, 1997 the parties filed a stipulation
and proposal for settlement accompanied by a request for relief from the requirement of
Section 31(c)(2) of the Environmental Protection Act (Act) that proposed stipulated settlements
be presented at public hearing. (415 ILCS 5/31(c)(2) (Supp.1997).)
Section 31(c)(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. (415 ILCS 5/31(c)(2) (Supp.1997).) 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 for relief
from the hearing requirement until after the statutory 21 days has passed.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 5th day of June, 1997 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board