ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CLARK REFINING AND MARKETING,
    INC.,
    Respondent.
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    PCB 95-163
    (Enforcement - Air, Water, RCRA)
    ORDER OF THE BOARD (by R.C. Flemal):
    On March 1, 2000, the parties filed a motion to amend a partial stipulation and proposal
    for settlement previously accepted by the Board on November 22, 1996. The partial stipulation
    and proposal for settlement provided that respondent shall operate a Tank T-171 in compliance
    with specific RCRA regulations in 35 Ill. Adm. Code Parts 721-728. However, the USEPA
    published a final rule on August 6, 1998, which excluded respondent’s Tank T-171 from
    compliance with the specific RCRA regulations. The parties seek to amend the stipulation
    consistent with this latest USEPA rule. The Board grants the motion and orders that Paragraph
    VII.C.4.a of the partial stipulation and proposal for settlement read as follows:
    Clark shall operate Tank T-171 in compliance with the RCRA regulations of 35
    Ill. Adm. Code Part 721-728 (1994) applicable to a less than 90-day storage tank
    until January 19, 1999, the effective date of the amendment to 35 Ill. Adm. Code
    721.104(a)(12).
    Also on March 1, 2000, the parties filed a final stipulation and proposal for settlement
    and an agreed motion requesting relief from the hearing requirement imposed by Section
    31(c)(1) of the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)). Section
    31(c)(2) of the Act specifically authorizes such filings by the parties to an enforcement action.
    The Board is required to cause notice of the stipulation and proposal for settlement and request
    for relief. Pursuant to Section 31(c)(2) of the Act, the Board directs the Clerk of the Board to
    cause publication of notice of the final stipulation and proposal for settlement in a newspaper of
    general circulation in the county in which the alleged violation occurred.
    Any person may file a written demand for hearing with 21 days after receiving the
    notice. If a hearing is requested, the Board will accordingly deny the parties’ request for relief
    and schedule a hearing.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of March 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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