ILLINOIS POLLUTION CONTROL BOARD
April
18,
1996
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
PCB95-106
v.
)
(Enforcement
-
Land)
)
CLAUDE F. PERRY and MARTHA
)
PERRY,
)
)
Respondents.
ORDER
OF THE BOARD (by G.T. Girard):
On April
2,
1995,
the Illinois Attorney General, on behalf of the People ofthe State of
Illinois and the Illinois
Environmental Protection Agency, filed a formal complaint naming as
respondents Claude F. Perry and
Martha Perry, owners ofthe property known as 2001
Collinsville Road,
located near
the
Village of Fairmont City,
St.
Clair County,
Illinois.
On
April
4,
1996,
the parties filed a stipulation and proposal
for settlement
accompanied by
a
request for relief from the requirements of Section 31 (a)(1) of the Environmental Protection
Act
(Act) that proposed stipulated settlements be presented at public hearing.
(415
ILCS
5/31(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
of the 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.
2
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
/f~
day
of
___________,
1996,
by
a
vote
of
b
-~
.
A.
Dorothy M. 9~n, Clerk
Illinois Polli~j6nControl Board