ILLINOIS POLLUTION CONTROL BOARD
    August 17, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    THE CITY OF HARVEY,
    Respondent.
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    PCB 07-08
    (Enforcement - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 4, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against the City of Harvey (City).
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns an undeveloped
    parcel of land owned by the City situated within the right-of-way of Myrtle Street, south of 148th
    Street and north of the B & O Railroad property in Harvey, Cook County.
    The People allege that the City violated Section 21(a) and (p) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(a) and (p) (2004)). The People further allege that the City
    violated these provisions by causing or allowing open dumping at an unpermitted site and by
    causing or allowing open dumping resulting in litter. The People ask the Board to order the City
    to cease and desist from further violation and to pay a civil penalty in accordance with statute.
    In addition to the complaint, on August 4, 2006, the People and the City also filed a
    stipulation and proposed settlement, accompanied by a request for relief from the hearing
    requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2004)). This filing is
    authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code
    103.300(a). Under the proposed stipulation, the City neither admits nor denies the alleged
    violations, but agrees to pay a civil penalty of $10,000.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 17, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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