ILLINOIS POLLUTION CONTROL BOARD
    December 5, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CLARK REFINING AND
    MARKETING, INC.,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 95-163
    (Enforcement - Air, Water
    and RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    The Illinois Attorney General (Attorney General) on behalf of the People of the State of
    Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal complaint
    on June 6, 1995 naming Clark Refining and Marketing, Inc. (Clark) located in Hartford,
    Madison County, Illinois, as the respondent. On November 22, 1996 Clark filed a motion to
    file instanter its attached partial stipulation and proposal for settlement,
    1
    and the parties jointly
    filed 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
    accompanied by a partial stipulation and proposal for settlement. (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 of the parties’ request until after the
    statutory 21 days has passed.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    1
    The Board grants Clark’s motion to file instanter.
    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

    Back to top