ILLINOIS POLLUTION CONTROL BOARD
    November 20, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    JAMES TULL, individually, and as President
    of CEPCO, INC., an Illinois corporation,
    And CEPCO, INC., an Illinois corporation,
    d/b/a CHIEF PAVING & EXCAVATING
    COMPANY,
    Respondents.
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    PCB 96-229
    (Enforcement - Air)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    On May 3, 1996, the Illinois Attorney General, on behalf of the People of the State of
    Illinois, filed a formal complaint naming as a respondents James Tull, individually and as
    President of Cepco, Inc., an Illinois corporation, and Cepco, Inc., an Illinois corporation,
    d/b/a Chief Paving & Excavating Company, located at 2207 Perkins Road, P.O. Box 474,
    Urbana, Champaign County, Illinois. On November 17, 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 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 20th day of November 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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