ILLINOIS POLLUTION CONTROL BOARD
May 6, 1999
SCOTT and SHELLY BEHRMANN,
Complainants,
v.
OKAWVILLE FARMERS ELEVATOR-
ST. LIBORY,
Respondent.
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PCB 98-84
(Enforcement - Citizens - Noise)
ORDER OF THE BOARD (by E.Z. Kezelis):
This matter is before the Board on a consent order filed by the parties on March 29,
1999. Section 103.180(b) of the Board’s procedural rules provides:
When the parties submit a proposed settlement or stipulation to the Hearing
Officer, the Hearing Officer shall conduct a hearing in which all interested
persons may testify with respect to the nature of the alleged violation and its
impact on the environment, together with their views on the proposed
stipulation and settlement. The Hearing Officer shall transmit such record of
hearing to the Board, together with all exhibits. 35 Ill. Adm. Code 103.180(b).
Accordingly, the Board hereby directs the hearing officer to, after reasonable consultation with
the parties, schedule a hearing as provided in 35 Ill. Adm. Code 103.180(b), to allow
testimony from interested persons regarding the nature of the alleged violations and the relief
proposed by the parties in the March 29, 1999 consent order.
Alternatively, should the parties wish to forego a hearing, they may withdraw their
consent order and file a motion to dismiss.
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 6th day of May 1999 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board