ILLINOIS POLLUTION CONTROL BOARD
February 3, 1994
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB 93—250
(Enforcement)
CLARK
OIL & REFINING CORPORATION,
)
)
Respondent.
ORDER OF THE BOARD (by E. Dunham):
Respondent filed a Motion for Severance with the Board on
January 20, 1994 stating (in part) that a portion of Count IV of
the Peoples’ Complaint should be severed from docket PCB 93-250.
The Complainant has not filed a response. Clark makes compelling
arguments that the Board’s mandate and the policy of the Act will
be furthered by holding hearings in the Cook County area
regarding alleged reporting violations at the Clark Blue Island
facility. Clark appropriately states that one hearing in Madison
County, about 275 miles from Blue Island, deprives the citizens
of Cook County a reasonable opportunity to participate in the
hearing process. Clark believes that this defect in the hearing
process can best be cured by severing those allegations in Count
IV that relate to the Blue Island facility.
Though the Board cannot disagree that the People of the
State will be better served by a hearing in Cook County, in the
interest of administrative economy, the Board denies Clark’s
motion. The allegations in Count IV are factually identical for
the Blue Island and the Wood River facilities. Creation of a
separate docket for the Blue Island facility would require
duplication of effort on the part of the Agency, the Attorney
General, the Board and Clark.
The motion of Respondent for severance of Count IV for the
Blue Island facility is denied.
The Hearing Officer in this case is ordered to hold at least
one hearing in Cook County in this matter. At the Hearing
Officer’s discretion, the record at this hearing may be limited
to the reporting allegations in Count IV of the Complaint
relating to the Blue Island facility.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Boaxc4, /iereby certi~y-’thatthe above order was adopted on the
~‘~day
of
_______________________,
1994, by a vote of
/—.~)
/7
( ~/
‘I
Control Board