ILLINOIS POLLUTION CONTROL BOARD
December 18, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FOX VALLEY DRY WALL, INC., an Illinois
corporation,
Respondent.
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PCB
02-162
(UST
Enforcement)
ORDER OF THE BOARD (by J.P. Novak):
On April 2, 2002, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Fox Valley Dry Wall, Inc. (Fox Valley Dry Wall).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Fox Valley
Dry Wall violated Sections 57.6 and 57.7(b) of the Environmental Protection Act (Act) (415
ILCS 5/57.6 and 57.7(b) (2002)) and 35 Ill. Adm. Code 732.100(c), 732.202, 732.300(a), and
732.307(b). The People further allege that Fox Valley Dry Wall violated these provisions by
failing to timely perform site classification and early action requirements following a release of
petroleum from a leaking underground storage tank. The complaint concerns Fox Valley Dry
Wall’s manufacturing facility at 707 North Highland, Aurora, Kane County.
On December 5, 2003, the People and Fox Valley Dry Wall 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). The Board
provided notice of the stipulation, proposed settlement, and request for relief from hearing.
Under the proposed stipulation, the Fox Valley Dry Wall admits the alleged violation(s) and
agrees to pay a civil penalty of $8,000 and costs and fees in the amount of $2,000.
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) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on December 18, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board