ILLINOIS POLLUTION CONTROL BOARD
April 4,
1996
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
PCB 93-250
v.
)
(Enforcement
-
Air)
)
CLARK OIL & REFINING
)
CORPORATION,
)
)
Respondent.
)
ORDER OF THE BOARD
(by E.
Dunham):
On December 9,
1993,
the Illinois
Attorney General, on behalf of the People of the
State of Illinois and the Illinois Environmental
Protection Agency,
filed a formal complaint
naming as respondent,
Clark Oil
& Refining
Corporation, located in Blue Island,
Cook
County,
Illinois and in
Hartford,
Madison County,
Illinois.
On April
1,
1996,
the parties filed
a stipulation and proposal for settlement accompanied by a
request for relief from the
requirements of Section
3 1(a)(1) ofthe Environmental Protection Act (Act) that
proposed
stipulated
settlements be presented at public hearing.
(415
ILCS
5131(a)(1)
(1994).)
Section
31 (a)(2) of the Act
provides that
whenever a complaint has been filed on behalf
of the Agency or by the People of the
State of Illinois,
the parties may file with the Board a
stipulation and proposal
for settlement accompanied by
a request for relief from the
requirement of a hearing.
The Board is
required to cause notice ofthe stipulation, proposal
and
request for relief to be published, unless
the Board
in
its discretion, concludes that a
hearing
is necessary.
The notice
is required to
include
a statement that
any person may file a
written demand for hearing within 21
days after receiving the notice.
If any person files a
timely written demand for hearing, the Board
shall deny the request for relief from a hearing
and
hold
a hearing.
The Board
accordingly directs the Clerk to cause publication of the required newspaper
notice.
The
Board
will reserve
ruling on
the parties
request
until
after
the
statutory
21
days
has passed
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
~
day
of
___________,
1996,
by
a
vote
of
~
A~.
Dorothy M. G~~ic,
Clerk
Illinois Pollutjóñ Control Board