ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF CHARLESTON,
    Respondent.
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    PCB 00-171
    (Enforcement – Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On April 6, 2000, the People of the State of Illinois (People) filed a four-count
    complaint against respondent City of Charleston (Charleston). The complaint alleges
    Charleston caused water pollution, created a water pollution hazard, discharged without a
    permit, created offensive conditions, and caused a pH violation at its water treatment plant
    located at 2600 McKinley Avenue, Charleston, Coles County, Illinois.
    On January 11, 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 Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section
    31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused publication of the required
    newspaper notice of the stipulation and proposal for settlement and request for relief from the
    hearing requirement. The notice appeared in the
    Times-Courier
    on January 15, 2001. In the
    stipulation and proposal for settlement, Charleston agreed to pay a $25,000 fine.
    On January 31, 2001, Lorelei Sims filed a request that a hearing be held in this matter.
    If a person timely files a demand for hearing, Section 31(a)(2) of the Act (415 ILCS 5/31(a)(2)
    (1998)) provides that the Board shall deny the request for relief from hearing and hold a
    hearing in accordance with the provisions of Section 31(c)(1) of the Act. 415 ILCS 31(c)(1)
    (1998). Sims timely and properly filed a request for hearing within the statutory 21-day notice
    period. See 415 ILCS 5/31(c)(2) (1998); 35 Ill. Adm. Code 103.300(b)
    1.
    Accordingly, the Board denies the parties’ January 11, 2001 request for relief from
    hearing. The Board directs that this matter proceed to hearing as expeditiously as practicable.
    The assigned hearing officer must set the matter for hearing in accordance with the
    requirements of the Act and the Board’s procedural rules. It is the responsibility of the hearing
    officer to guide the parties toward prompt resolution or adjudication of this matter, through
    whatever status calls and hearing officer orders he determines are necessary and appropriate.
    1 The Board’s new procedural rules went into effect on January 1, 2001.
    2
    Section 103.304 of the Board’s procedural rules allows interested persons at hearing to
    make statements regarding the alleged violations and the proposed stipulation and settlement
    agreement. 35 Ill. Adm. Code 103.304. Furthermore, the proposed stipulation and settlement
    must be entered and presented for the record. See 35 Ill. Adm. Code 103.300(c).
    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 15th day of February 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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