ILLINOIS POLLUTION CONTROL BOARD
    April 15, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FRANK MERKENDORFER and PHIL
    PINELLO,
    Respondents.
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    PCB 96-208
    (Enforcement - RCRA)
    ORDER OF THE BOARD (by K.M. Hennessey):
    On March 29, 1996, the Illinois Attorney General filed a complaint against Frank
    Merkendorfer (Merkendorfer), Belden Tools, Inc. (Belden Tools), and Phil Pinello (Pinello)
    on behalf of the People of the State of Illinois (People) and the Illinois Environmental
    Protection Agency. The complaint alleges that respondents violated various laws and
    regulations regarding the handling and storage of hazardous waste.
    On March 18, 1999, the People, Merkendorfer, and Pinello filed a stipulation and
    proposal for settlement accompanied by a motion requesting relief from the hearing
    requirement of Section 31(c)(1) of the Environmental Protection Act (Act) (415 ILCS
    5/31(c)(1) (1996)). Belden Tools is not a party to the stipulation and proposal for settlement,
    but the People also moved to voluntarily dismiss Belden Tools without prejudice.
    Under Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), the parties may file
    with the Board a stipulation and proposal for settlement accompanied by a request for relief
    from the hearing requirement. Unless the Board determines that a hearing is needed, the
    Board is required to cause notice of the stipulation and proposal for settlement and request for
    relief.
    The Board directs the Clerk of the Board to cause publication of the required
    newspaper notice of the stipulation and proposal for settlement and request for relief from
    hearing concerning the complaint. Any person may file a written demand for hearing within
    21 days after receiving the notice. If a hearing is requested, the Board will deny the request
    for relief and schedule a hearing.
    No one filed a response to the People’s motion to voluntarily dismiss Belden Tools
    without prejudice. The Board grants the motion and has amended the caption of this case
    accordingly.
    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 15th day of April 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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