ILLINOIS POLLUTION CONTROL BOARD
June 5, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ILLINOIS CEMENT COMPANY, a joint
venture,
Respondent.
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PCB 96-147
(Enforcement - Water)
ORDER OF THE BOARD (by C.A. Manning):
This matter is before the Board on a May 19, 1997 amended stipulation and proposal
for settlement (stipulation) and accompanying motion for leave to file such stipulation. These
were jointly filed by the Illinois Attorney General, on behalf of the complainant People of the
State of Illinois and the Illinois Environmental Protection Agency (Agency) and respondent
Illinois Cement Company (Illinois Cement). Additionally, the parties filed an agreed motion
to request relief from the hearing requirement of Section 31(c)(2) of the Environmental
Protection Act (Act) that proposed stipulated settlements be presented at public hearing. (415
ILCS 5/31(c)(2)(Supp. 1997).)
This action was initiated December 29, 1995, when the Illinois Attorney General filed
a formal complaint accompanied by a stipulation and proposal for settlement against Illinois
Cement regarding its facility located at P.O. Box Rockwell Road, LaSalle, LaSalle County,
Illinois. After publication of notice of the filing of the stipulation, at the request of several
members of the public, by Board order of February 2, 1996, the Board set the December 29,
1995 stipulation for hearing. A hearing was held on June 28, 1996 at the LaSalle County
courthouse in Ottawa, Illinois, before Board hearing officer June Edvenson. Thirteen
members of the public presented comments concerning the stipulation. On August 1, 1996 the
Board granted a joint motion to stay the proceedings in this matter to allow the parties to
consider the information presented by the citizens at the hearing and to resolve additional non-
compliance issues. The Board entered four subsequent orders extending the stay of the
proceedings through May 19, 1997 to allow the parties to further resolve the alleged
permitting and discharge violations and to amend the December 29, 1995 stipulation.
Section 31(c)(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(c)(2) (Supp. 1997).) 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
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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 grants the parties leave to file the amended stipulation. The Board directs
the Clerk of the Board to cause publication of the required newspaper notice of the amended
stipulation in this matter. The Board will reserve ruling on the parties’ request for relief from
the hearing requirement until after the statutory 21 days has passed.
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 5th day of June 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
