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

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