1. BEFORE THE ILLINOIS POLLUTION CONTROL BOA~cE°
      2. NOTICE OF FILING
      3. THIS FILING IS SUBMITTED ON RECYCLED PAPER
      4. SERVICE LIST
      5. BEFORE THE ILLINOIS POLLUTION CONTROL BOARR E C E ~V E D
      6. MOTION FOR RELIEF FROM HEARING REQUIREMENT
      7. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~cE°
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
V.
YOUSSI REAL ESTATE AND
DEVELOPMENT, INC., an Illinois
Corporation,
Respondent.
)
)
)
)
)
No. 05-60
)
(Enforcement
-
Water)
)
)
MAR1O2005
STATE OF ILLINOIS
poUUtiOfl
COfltcO
Board
NOTICE
OF FILING
To:
See attached Service List
PLEASE
TAKE NOTICE that
on the
10th day of March,
2005,
the People of the
State of
Illinois, filedwith theIllinois Pollution ControlBoard, a
MOTION FOR RELIEFFROMHEARING
REQUIREMENT, true and correct copies ofwhich are attached hereto and is hereby served upon you.
By:
PEOPLE OF THE
STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
of
Assistan1~
Attorney General
Environmental Bureau
188
West Randolph Street, 20t~~
Fl.
Chicago, IlL 60601
(312) 814-6986
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Theophilos
DATE: March 10, 2005
1
SERVICE LIST
Mr. BradleyP. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago,
IL 60601
Mr. Charles Gunnarson, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Mr. Patrick Hayes, Esq.
Guyer & Enichen
260iReid Farm Road
Rockford, IL 61114
BEFORE THE ILLINOIS POLLUTION CONTROL BOARR E C E ~V E D
CLERKS OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
MAR
102005
Complainant,
)
STATE OF ILLINOIS
)
PoIIut~onControl Board
)
)
v.
)
PCB 05-60
)
YOUSSI REAL ESTATE AND
)
(Enforcement
-
Water)
DEVELOPMENT, INC.,
an Illinois Corporation,
)
)
Respondent.
)
MOTION FOR RELIEF FROM HEARING REQUIREMENT
NOW
COMES
the
Con
1àii~ani,PEOPLE
OF
THE
STATE
OF
ILL~OIS~by~LISA
MADIGAN, Attorney General ofthe
State ofIllinois,
and hereby moves for 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.
In support ofthis Motion, the Complainant
states as follows:
1.
Section
31(c)(2) of the Act
allows the parties in certain enforcement cases
to request
relief from the mandatory hearing requirement where the partiessubrnittc~
tireBoard a Stipulation and
Proposal for Settlement.
Section 31(c)(2) provides as follows:
Notice; complaint; hearing.
*
*
*
(c)(2) Notwithstanding theprovisions ofsubdivision (1) ofthis subsection(c), whenever
a complaint has been filed on behalf of the Agency or by 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 pursuant
to
subdivision (1). Unless the Board, in its discretion, concludesthat a hearingwillbe held,
the Board
shall cause notice of the stipulation, proposal
and request for relief to
be
1
•
published and sent in the samemanner as is required forhearingpursuant to subdivision
(1) of this subsection. The notice shall include a statement that any person may file a
written demand for hearing within 21
days after receivingthe notice. If any person files
a timelywritten demand for hearing, the Board shall deny the request forrelief from a
hearing and
shall hold a hearing in accordance with the provisions of subdivision (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 behalfofthe Agency or by thePeople ofthe
State
of Illinois,
the parties
may file
with
the
Board
a
proposed
stipulation
and
settlement accompanied by
a
request for
relieffrom
the requirement of a
hearing
pursuant to Section 31(c)(2) ofthe Act.
3.
On September 27, 2004, the Complaint in this matter was filed with the Board.
4.
Subsequently, the partiesto this action reached agreement on aStipulation-and-Proposal
For Settlement,
which
is being
filed with
the Board concurrently
with this motion.
No hearing
is
currently scheduled in this case.
WHEREFORE,
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN, AttorneyGeneral ofthe State ofIllinois, respectfully moves for relieffrom the requirement
of a hearing pursuant to Section
31(c)(2) ofthe Act and Board Procedural Rule
103.300.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN
Attorney General
o~’t11~,4~ate
o.f
Ii
o
s
BY:
14/4
GEO
(~fED.THEOPHILOS
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
DATE: March 10, 2005
312-814-6986
2
CERTIFICATE OF SERVICE
I, George D. Theophilos,
an Assistant AttorneyGeneral, do certify that I caused to be mailed,
this
10th
day of March,
2005,
the
foregoing
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT to the persons listed on said Service Listby first class mail in a postage pre-paid
envelope and depositing same with the United States Postal Service located at
100 West Randolph
Street, Chicago, Illinois 60601.
•
-
George D.

Back to top