ILLINOIS

POLLUTION

CONTROL

BOARD

December

17, 1992

ILLINOIS

ENVIRONMENTAL

PROTECTION

)

AGENCY

)

)

Complainant,

)

)

v.

)

PCB

90-89

)

(Enforcement)

FRED

JOHNSON,

JOHNSON

&

BRIGGS

)

TANK

TRUCK

SERVICE,

*1k/a

JOHNSON

)

&

BRIGGS

TANK

TRUCK

&

HEATER

)

SERVICE,

)

)

Respondents.

ILLINOIS

ENVIRONMENTAL

PROTECTION

)

AGENCY

)

)

Complaintant,

)

)

v.

)

PCB

91—123

)

(Enforcement)

HERMAN

L.

LOEB,

)

)

(Consolidated)

Respondent.

)

ORDER

OF

THE

BOARD

(by

J

•

C. Marlin):

This

complaint

was filed

on

May

1,

1990.

On December

7,

1992,

the

complainant

filed

a

motion

for

voluntary

dismissal

of

claims

against

respondent

Mr

•

Herman

L

•

Lomb.

Cemplainant

asserts

that

since

the

filing

of

the

complaint,

the

parties

other

than

Hr.

Lomb

have

negotiated

and

reached

a settlement

that

adequately

addresses

the

concerns

of

the

complaint.

Accordingly,

the

coaplainant’.

motion

to

dismiss

all

claims

against

respondent

Loeb

is

granted

and

*13.

claims

against

him

are

hereby

dismissed.

On

December

7,

1992,

the

parties

also

filed

a

stipulation

and

proposal

for

settlement

and

a request

for

relief

from

the

otherwise

applicable

requirement

of

Section

31(a)

(1)

of the

Act

that

proposed

stipulated

settlements

be

presented

at

public

hearing.

section

31(a)(2),

as

enacted

in

P.A.

87—0134,

effective

August

13,

1991,

provides

in

pertinent

part:

Notwithstanding

the

provisions

of

subdivision

(1)

of

this

subsection

(a),

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

01380019

---

accompanied by a request for

relief

from the

requirement

of

a

hearing

pursuant

to

subdivision

(1).

Unless the Board,

in

its

discretion, concludes that a

hearing

will

be

held,

the

Board

shall

cause

notice

of

the

stipulation, proposal and request for relief

to be published and sent in

the

same manner as

is

required

for

hearing

pursuant

to

subdivision

(1)

of

this

subsection.

The

notice

shall

include

a

stataent

that

any

person

may

file

a

written demand

for bearing

within

21

days

after

receiving

the

notice.

If

any person ciles a timely

written

demand

for

bearing,

the

Board

shall

deny

the

request

for

relief

from

a

hearing

and shall

hold

a

bearing

in

accordance

with

the

provisions

of

subdivision

(1).

The

Board

accordingly

directs

the

Clerk

to

cause

publication

of

the

required

newspaper

notice.

The Board will

rserve

ruling

on

the

parties’

request,

as well as

on

the acceptability of

the

proposed

stipulation

and

settlement,

until

after

the, statutory

21

days

has

passed.

IT IS SO

ORDERED.

I,

Dorothy

H.

Gunn,

Clerk

of

the

Illinois

pollution

Control

Boar4~

hereby

cer~fy

that

the above

order

was

adopted

on

the

J7~

day

of

~

~

~,

1992,

by avote

of

7-~.

~76~2~

ih~yLJ

Dorothy

K.

~n,

‘~Clsrk

Illinois

Po1~4ztionControl

Board