ILLINOIS POLLUTION CONTROL BOARD
    April 16, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DIXON-MARQUETTE CEMENT, INC.,
    INC., an Illinois corporation and a division of
    Prairie Material Sales, Inc.,
    Respondent.
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    PCB 97-116
    (Enforcement - Water)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    On December 31, 1996, the Illinois Attorney General, on behalf of the People of the
    State of Illinois, filed a formal complaint naming as a respondent Dixon-Marquette Cement,
    Inc., an Illinois corporation and division of Prairie Material Sales, Inc., located at 1914 White
    Oak Lane, Dixon, Lee County, Illinois. On April 13, 1998, 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.
    Board Member K.M. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of April 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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