ILLINOIS POLLUTION CONTROL BOARD
May 15, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COASTAL MART, INC.
a Delaware corporation,
Respondent.
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PCB 96-144
(Enforcement - UST)
ORDER OF THE BOARD (by C.A. Manning):
On December 27, 1995 the Illinois Attorney General, on behalf of the People of the
State of Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal
complaint naming as a respondent Coastal Mart, Inc., a Delaware corporation, regarding its
facility located at 156 West Morton, Jacksonville, Morgan County, Illinois. On May 2, 1997
the parties filed a stipulation and proposal for settlement accompanied by a request for relief
from the requirement of Section 31(a)(1) of the Environmental Protection Act (Act) that
proposed stipulated settlements be presented at public hearing. (415 ILCS 5/31(a)(1)(1994).)
Section 31(a)(2) of the Act provides that 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. (415 ILCS 5/31(a)(2) (1994).) The Board is required to cause
notice of the stipulation, proposal, and request for relief to be published, unless the Board, in
its discretion, concludes that a hearing is necessary. The notice is required to 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 will deny the
request for relief from a hearing and hold a hearing.
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 until after the
statutory 21 days has passed.
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 May, 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board