ILLINOIS POLLUTION CONTROL BOARD
    November 15, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    AMERICAN DISPOSAL COMPANY and
    CONSOLIDATED RAIL CORPORATION,
     
    Respondents.
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    PCB 00-67
    (RCRA Enforcement)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On October 7, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against the American Disposal Company (American)
    and Consolidated Rail Corporation (Conrail).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm.
    Code 103.204. The People allege that Conrail violated Section 21(a) of the Environmental
    Protection Act (Act) 415 ILCS 5/21(a) (2000)). The People further allege that Conrail violated
    this provision by causing or allowing open dumping. The complaint concerns a waste disposal
    company located on a parcel of land owned by Conrail in Cook County.
     
    On October 30, 2001, the People and Conrail 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) (2000)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). The filing applies only to Conrail and
    does not apply to American.
     
    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.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 15, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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