ILLINOIS POLLUTION CONTROL BOARD
    September 4, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FRANK LEVATO, as an individual,
    Respondent.
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    PCB 97-237
    (Enforcement - Air)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    On June 30, 1997, 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 Frank Levato as an individual, located at 4700 West Cermak Road,
    Cicero, Cook County, Illinois, concerning asbestos demolition and renovation activity
    performed at 1201 West Cermak, Broadview, Cook County, Illinois. On August 25, 1997,
    the parties filed a stipulation and proposal for settlement accompanied by 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 4
    th
    day of September 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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