ILLINOIS POLLUTION CONTROL BOARD
May 2, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CLARK OIL & REFINING
CORPORATION,
Respondent.
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PCB 93-250
(Enforcement - Air )
ORDER OF THE BOARD (by E. Dunham):
On April 1, 1996, the parties filed a stipulation and proposal for settlement in this
matter and a request for relief from the requirement of Section 31(a) (1) of the Act that
proposed stipulated settlements be presented at public hearing. On April 4, 1996, the Board
issued an order directing the Clerk to cause publication of the required newspaper notice and
reserving ruling on the parties’ request until after the statutory 21 days has passed. Newspaper
notice was published on April 3, 1996 in the Alton Telegraph and on April 4, 1996 in the
Daily Southtown.
On April 22, 1996, Lionel Trepanier filed a request that a hearing be held in this
matter. Mr. Trepanier’s objections to the proposed settlement relate to Clark’s Blue Island
facility and the filing of certain toxic chemical release forms for toluene and benzene. Section
31(a) (2) of the Environmental Protection Act (Act) provides that the Board shall deny the
request for relief from a hearing and hold a hearing in accordance with the provisions of
Section 31(a) (1) of the Act if a person files a timely written demand for hearing. The Board
finds that the request for hearing was timely filed. Accordingly, the Board hereby denies the
parties’ April 4, 1996 request for relief from hearing and directs the Hearing Officer to
schedule hearing in Cook County in this matter.
The hearing must be scheduled and completed in a timely manner, consistent with
Board practices. The assigned hearing officer shall inform the Clerk of the Board of the time
and location of the hearing at least 40 days in advance of hearing so that public notice of
hearing may be published. After hearing, the hearing officer shall submit an exhibit list, a
statement regarding credibility of witnesses and all actual exhibits to the Board within five
days of the hearing. The hearing officer and the parties are encouraged to expedite this
proceeding as much as possible.
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 _____ day of ___________, 1996, by a vote of
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board