ILLINOIS POLLUTION CONTROL BOARD
    May 17, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
     
    Complainant,
     
     
    v.
     
    CRAIG YALLALY and SUSAN YALLALY
    d/b/a COURTESY CLEANERS,
     
     
    Respondents.
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    PCB 01-75
    (Enforcement – Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On October 27, 2000, the People of the State of Illinois (People) filed a two-count
    complaint against respondents Craig Yallaly and Susan Yallaly d/b/a Courtesy Cleaners. The
    complaint alleges that respondents failed to maintain records and conduct inspections with
    respect to the purchase and handling of perchloroethylene used at dry cleaning facilities located
    in Mattoon, Coles County, Illinois, and Danville, Vermillion County, Illinois. This activity was
    alleged to be in violation of Section 9(b) and 9.1(d) of the Environmental Protection Act (Act)
    (415 ILCS 5/9(b) and 5/9.1(d) (1998)); the federal National Emission Standards for Hazardous
    Air Pollutants (NESHAP) for dry cleaning facilities using perchloroethylene at 40 C.F.R.
    63.322(a), 63.322(k), 63.323(a)(1), 63.324(d)(1) through 63.324(d)(4), and 63.324(e); and
    several special conditions in the operating permits for the two establishments.
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    On May 1, 2001, the parties filed a stipulation and proposal for settlement, accompanied
    by a motion requesting relief from the hearing requirement of Section 31(c)(1) of the Act (415
    ILCS 5/31(c)(1) (1998)). Respondents admit the alleged violations in the complaint and propose
    to pay a $5,000 penalty.
     
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. (415 ILCS 5/31(c)(2) (1998)). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement.
     
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
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    Complainant also alleges that respondents allegedly violated 40 C.F.R. 324(d)(3), 324 (d)(4),
    and 324(e). These sections of Title 40 of the C.F.R. do not exist. The Board assumes that
    complainant intended to allege violations of 40 C.F.R. 63.324(d)(3), 63.324 (d)(4), and
    63.324(e), respectively.
     
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    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
     
    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 17th day of May 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board
     

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