ILLINOIS POLLUTION CONTROL BOARD
May 6, 1999
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SOUTH PALOS TOWNSHIP SANITARY
DISTRICT, a municipal corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 99-93
(Enforcement - Water)
ORDER OF THE BOARD (by E.Z. Kezelis):
On December 30, 1998, the Illinois Attorney General, on behalf of the People of the
State of Illinois, filed a formal complaint naming as a respondent South Palos Township
Sanitary District, a municipal corporation located in Cook County, Illinois. The complaint
contains allegations that the respondent violated Section 12 of the Illinois Environmental
Protection Act (Act) (415 ILCS 5/12 (1996)) and 35 Ill. Adm. Code 306.304 and 309.202.
The alleged violations result from operations of the respondent’s sanitary sewer system.
On April 19, 1999, the parties filed a stipulation and proposal for settlement
accompanied by a request for relief from the hearing requirements of Section 31(c)(2) of the
Act. Section 31(c)(2) of the Act provides:
Notwithstanding the provisions of subdivision (1) of this subsection (c),
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 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 statement that any person may file a
written demand for hearing within 21 days after receiving the notice. If any
person files a timely written demand for hearing, the Board shall deny the
request for relief from a hearing and shall hold a hearing in accordance with the
provisions of subdivision (1). 415 ILCS 5/31(c)(2) (1996).
2
The Board accordingly directs the Clerk of the Board to cause publication of the
required newspaper notice. The Board will reserve ruling on the parties’ request for relief
from the hearing requirement until after the statutory 21-day period has passed.
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