ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BRAKE’S ENTERPRISES, INC. d/b/a
    BRAKE’S AMOCO,
     
    Respondent.
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    PCB 00-9
    (UST Enforcement)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On July 21, 1999, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Brake’s Enterprises, Inc. d/b/a
    Brake’s Amoco (Brake’s).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204.
    The People allege that Brake’s failed to comply with 35 Ill. Adm. Code 732.202(a)-(d).
    The People further allege that Brake’s violated these provisions by failing to perform
    initial abatement measures with respect to a release of gasoline from an underground
    storage tank; failing to perform initial response actions; and failing to submit required
    reports. The complaint concerns Brake’s service station in Fisher, Champaign County.
     
    On November 16, 2001, the People and Brake’s filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section
    31(c)(1) of the Environmental Protection Act (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).
     
    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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on December 6, 2001, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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