ILLINOIS POLLUTION CONTROL BOARD
July 8, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
LANDFILL 33 LTD., an Illinois
corporation,
Respondent.
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PCB 94-369
(Enforcement - Land)
ORDER OF THE BOARD (by J. Yi):
On December 1, 1994, the Illinois Attorney General, on behalf of the People of the
State of Illinois, filed a formal complaint naming as a respondent Landfill 33 Ltd., an Illinois
corporation, located in Effingham County, Illinois. On June 17, 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.
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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 8th day of July 1998 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board