ILLINOIS POLLUTION CONTROL BOARD
September 19, 1996
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
v .
)
BELL SPORTS, INC
., a California
)
corporation, and WASTE HAULING
)
LANDFILL, INC ., an Illinois corporation,
)
and WASTE HAULING INC ., an Illinois )
corporation,
)
Respondents .
)
)
PCB 95-91
(Enforcement - RCRA)
WASTE HAULING LANDFILL, INC
., an )
Illinois corporation, and WASTE HAULING )
INC
., an Illinois corporation,
)
Cross-claimants,
)
v .
)
BELL SPORTS, INC ., a California
)
corporation,
)
Cross-respondent .
)
ORDER OF THE BOARD (by C .A
. Manning) :
This matter comes before the Board on a motion to strike the stipulation, a motion for
the waiver of filing requirements' and a request for hearing filed by Waste Hauling Landfill,
Inc
. (WHL) and Waste Hauling Inc
. (WH) on September 4, 1996
. On August 26, 1996 the
Illinois Attorney General, on behalf of the People of the State of Illinois and the Illinois
Environmental Protection Agency (Agency), and Bell Sports, Inc
. (Bell Sports) filed a
stipulation and proposal for settlement as to Bell Sports only, accompanied by a request for
relief from the requirements of Section 31(a)(1) of the Environmental Protection Act (Act)
'
The Board grants WHL and WH a waiver of filing requirements and grants WHL and WH
leave to utilize their remaining stores of 20% post-consumer waste recycled paper (rather than
the required 30%) until such stores are depleted during the course of this proceeding
.
2
that proposed stipulated settlements be presented at public hearing
. (415 ILCS
5131(a)(1)(1994)
.)
Section 31(a)(2) requires that 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 requirements of the Act
. (415 ILCS 5/31(a)(2) .) Because WHL and WH
have requested a hearing on the stipulation filed between the Agency and Bell Sports, the
Board accordingly directs the hearing officer in this matter to schedule a hearing on the
proposed stipulation
. Section 103
.180(b) allows all interested persons to testify with respect to
the nature of the alleged violation and its impact on the environment, together with their views
on the proposed stipulation and settlement agreement
. (35 Ill
. Adm . Code 103 .180(b) .) The
Board directs that the hearing proceed within the limitations of the aforementioned statutory
requirements .
In that the proposed stipulation in this matter is between the complainant and a party
respondent, the Board will not preclude any of the parties in this action from filing any
stipulations or settlement agreements during the course of the proceedings
. As a result, the
motion to strike the stipulation is denied
. Hearing shall proceed consistent with this order
.
IT IS SO ORDERED
.
I, Dorothy M
. Gunn, Clerk of the Illinois Po lution Control Board, hereby certify that
the above
7-D
order was adopted on the /7
L
day of ~
, 1996, by a vote of
Dorothy
unn, Clerk
Illinois Po
tion Control Board
