ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FOX VALLEY DRY WALL, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB
    02-162
    (UST
    Enforcement)
     
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On April 2, 2002, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Fox Valley Dry Wall, Inc. (Fox Valley Dry Wall).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Fox Valley
    Dry Wall violated Sections 57.6 and 57.7(b) of the Environmental Protection Act (Act) (415
    ILCS 5/57.6 and 57.7(b) (2002)) and 35 Ill. Adm. Code 732.100(c), 732.202, 732.300(a), and
    732.307(b). The People further allege that Fox Valley Dry Wall violated these provisions by
    failing to timely perform site classification and early action requirements following a release of
    petroleum from a leaking underground storage tank. The complaint concerns Fox Valley Dry
    Wall’s manufacturing facility at 707 North Highland, Aurora, Kane County.
     
    On December 5, 2003, the People and Fox Valley Dry Wall filed a stipulation and
    proposed settlement, accompanied by a request for relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing.
    Under the proposed stipulation, the Fox Valley Dry Wall admits the alleged violation(s) and
    agrees to pay a civil penalty of $8,000 and costs and fees in the amount of $2,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
     
     
     
     
     
     
      
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 18, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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