ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    HARTZ CONSTRUCTION CO., INC., an
    Illinois corporation,
     
    Respondent.
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    PCB 99-92
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On December 29, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Hartz Construction Co., Inc. (Hartz).
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Hartz violated
    Section 21(a) of the Environmental Protection Act (Act) ( 415 ILCS 5/21(a) (2002)). The People
    further allege that Hartz violated these provisions by open dumping of waste. The complaint
    concerns Hartz’s 77-acre property referred to as Eagle Ridge subdivision located on 107th Street,
    109th Street, Central Avenue, and the Wolfe Wildlife Refuge in Oak Lawn, Cook County.
     
    On June 6, 2003, the People and Hartz filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act
    (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Hartz
    denies the alleged violations and agrees to pay a civil penalty of $31,500.00.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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