ILLINOIS POLLUTION CONTROL BOARD
    May 16, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BOYD BROTHERS, INC., an Illinois
    corporation,
    Respondent.
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    PCB 94-275
    (Enforcement - Water)
    _____________________________________________________________________________
    BOYD BROTHERS, INC., an Illinois
    corporation,
    Complainant,
    v.
    ABANDONED MINED LANDS
    RECLAMATION COUNCIL, an Illinois
    state entity,
    Respondent.
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    PCB 94-311
    (Enforcement - Water - Citizens)
    (Consolidated)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 28, 1994 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 respondent, Boyd Brothers, Inc. (Boyd Brothers) located in Sesser,
    Franklin County, Illinois. The Board accepted this complaint for hearing on October 7, 1994 as
    PCB 94-275. On October 31, 1994, Boyd Brothers, Inc. filed a complaint naming as
    respondent, Abandoned Mined Lands Reclamation Council, an Illinois state entity located at 928
    South Spring, Springfield, Sangamon County, Illinois. The Board accepted this complaint for
    hearing on December 1, 1994 as PCB 94-311 and consolidated it with PCB 94-275.
    On May 13, 1996 the parties filed a stipulation and proposal for settlement in PCB 94-
    275, as to Boyd Brothers only, 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).) At this time, no stipulation and
    proposal for settlement or motion to dismiss has been filed in PCB 94-311.
    2
    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 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.
    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

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