1. MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.)
No. PCB 06-036
MAGELLAN PIPELINE COMPANY, L.P.,
a limited partnership,
Respondent.)
MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT
NOW
COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General of the State of Illinois, and
requests relief from the requirement of a hearing in this Matter.
In support thereof, the Complainant states as follows:
1.
Along with this Motion, Complainant is filing a
Stipulation and Proposal for Settlement executed between
Complainant and Respondent, MAGELLAN PIPELINE COMPANY, L.P.
2. Section 31 of the Act, 415 ILCS 5/31 (2004), provides, in
pertinent part, as follows:
Cc) (2)
Notwithstanding the provisions of subdivision Cl)
of this subsection Cc)
,
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, concludes that a hearing will be held,
the Board shall cause notice of the stipulation,
proposal and request for relief to be published
and sent in the same manner as is required for
hearing pursuant to subdivision Cl) of this
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005

subsection. The notice shall 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 shall deny the request for
relief from a hearing and shall hold a hearing in
accordance with the provisions of subdivision (1).
3.
No hearing is now scheduled in this matter.
4.
The Complainant, PEOPLE OF THE STATE OF ILLINOIS,
hereby requests relief from the requirement of a hearing pursuant
to 415 ILCS 5/31 Cc) (2) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN,
Attorney General of the
State of Illinois
MAT' EW J.D
,
Chief
Emnv'r-onmjent a Enfonrcement/Asbestos
tgationD vision
BY:
C fISTOPHER GRANT
As istant Attorney General
Environmental Bureau
188 W. Randolph St., #2001
Chicago, Illinois 60601
(312) 814-5388
-2-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 9, 2005

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