ILLINOIS POLLUTION CONTROL BOARD
    September 18, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    HEARTLAND PORK ENTERPRISES, INC.,
    an Iowa corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-225
    (Enforcement - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On June 10, 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 Heartland Pork Enterprises, Inc., an Iowa corporation, located in
    Kansas Township, Edgar County, Illinois. On September 4, 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 and proposal for settlement 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.
    Board Member K.M. Hennessey abstained.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 18
    th
    day of September 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top