ILLINOIS POLLUTION CONTROL BOARD
    August 7, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    JAMES R. WOMACK, d/b/a WOMACK
    BROTHERS EXCAVATING,
    Respondent.
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    PCB 97-40
    (Enforcement - Land)
    ORDER OF THE BOARD (by M. McFawn):
    On August 26, 1996 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 James R. Womack, d/b/a Womack Brothers Excavating
    located at 419 Nashville Street, Lenzburg, St. Clair County, Illinois. On July 18, 1997, the
    parties filed a stipulation and proposal for settlement. Subsequently on July 22, 1997, the
    parties filed a request for relief from the 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) (1996).
    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) (1996). 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.
    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 days have 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 7th
      
    day of August 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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