RECE~VED
CLERK’S OFFICE
JAN
15
2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOA~TEOF
ILLINOIS
Pollution Control Board
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
PCB 98-80
)
(Tire Cost Recovery)
CRAIG LINTON,
an individual,
)
and RANDY ROWE, an individual,
)
)
Respondents.
)
NOTICE OF FILING
TO:
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE THAT we have today filed
Complainant’s Motion
Requesting Relief From
Hearing
Requirement
and Certificate OfService, copies ofwhich are
attached hereto and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General
State ofIllinois
By:__________
Gerald T. Karr
Assistant Attorney General
188 West Randolph Street, 20th
Environmental Bureau
Chicago, Illinois
60601
(312) 814-3369
Dated: January
15,
2004
SERVICE LIST
Bradley Halloran
Bearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
Mr.
Craig Linton
P.O. Box 84
Marseilles, Illinois
61341
Mr. Randy Rowe
2900 El Camino Avenue
Las Vegas, Nevada 89102
RECE
WED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOAIRDJAN
152004
STATE OF ILLINOIS
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
Pollution Control Board
)
Complainant,
)
)
vs.
)
PCB 98-80
)
(Tire Cost Recovery)
CRAIG LINTON,
an individual,
and
)
RANDY ROWE, an individual,
)
)
Respondents.
)
MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE
OF THE STATE OF ILLiNOIS, by LISA
MADIGAN, Attorney General ofthe State ofIllinois,
and requests relief from the hearing
requirement in this
case pursuant to
Section 31(c)(2) of the Illinois Environmental Protection Act
(“Act”), 415
ILCS
5/31(c)(2) (2002), and Section
103.300 ofthe Illinois
Pollution Control Board
(“Board”) Procedural Rules, 35
Ill. Adm.
Code
103.300.
Tn support thereof, the Complainant
states as follows:
1.
Section
3 1(c)(2) ofthe Act allows the parties in certain enforcement cases to
request relief from the mandatory hearing requirement where the parties submit to the Board a
Stipulation and Proposal for Settlement.
Section 31(c)(2) provides as follows:
Notice; complaint; hearing.
*
*
*
(c)(2) Notwithstanding the provisions ofsubdivision (1) ofthis subsection (c),
whenever a complaint has been filed on behalfofthe Agency or by the People of
the State ofillinois, 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 pursuant to subdivision (1). Unless the Board, in its
discretion, concludes
that a hearing will be held, the Board shall
cause notice ofthe stipulation,
proposal and request for relief to
be published and sent in the same maimer as is
required for hearing pursuant to
subdivision (1) ofthis subsection. The notice
shall include
a statement that any person may file a written demand for hearing
within 21
days afler receiving the notice. If any person files a timely written
demand for hearing, the Board shall deny the request for relief from
a hearing and
shall hold a hearing in accordance with the provisions ofsubdivision (1).
2.
Board Procedural Rule
103.300 provides, in relevant part, as follows (emphasis in
original):
Request for Relief from Hearing Requirement in State Enforcement Proceeding.
(a)
Whenever a complaint has beenfiled on behalf oftheAgency or by the People
of the State ofIllinois,
theparties mayfile with the Board a proposed stipulation
and settlement accompanied by a
recjuest
for relieffrom the requirement ofa
hearing
pursuant to
Section 31(c)(2) ofthe Act 415
ILCS
5/31(c)(2).
3.
On January 15, 2004, the same date as this Request, a Stipulation and Proposal for
Settlement with Respondents was filed with the Board.
4.
No hearing is
currently scheduled in this case.
WHEREFORE, the Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General ofthe
State ofIllinois, respectfully requests relief from the
requirement of a hearing pursuant to Section
31(c)(2) of the Act.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
ofthe State ofIllinois
BY:
_______
GERALD T. KARR
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois
60601
(312)814-3369
CERTIFICATE OF SERVICE
I, GERALD T. KARR, an Assistant Attorney General in this case, do certify that on this
15th day of January, 2004, I caused to be served by U.S.
Mail the following documents upon the
persons listed on the attached Service List by depositing same in the U.S. Mail depository located
at
100 West Randolph Street, Chicago, Illinois,
in an envelope with
sufficient postage prepaid.
1)
Notice of Filing
2) Complainant’s Motion Requesting Relief
From Hearing Requirement
~L&~~QLc&
~
Gerald T. Karr