BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
~
)
)
SURFACE MANUFACTURING COMPANY,
)
an Illinois corporation,
)
)
Respondent.
)
PCB NO. 2008 - 091
(Enforcement - Water)
NOTICE OF FILING
TO:
Surface Manufacturing Company
c/o Patrick Bryan, Registered Agent
135
S. 4
th
Street
Capron, Illinois 61012
Surface Manufacturing Company
c/o Patrick Bryan, President
W5608 Stateline Road
Walworth,
WI 53184
(VIA ELECTRONIC FILING)
PLEASE
TAKE NOTICE that on the 15
th
day of July, 2008, I filed with the Clerk of the Illinois
Pollution Control Board a Motion to Request
Relief From Hearing Requirement, copies of which
are attached hereto and hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of e
State
of Ill" is
CHARD A.
PERRY
~ssistant
Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
(312) 814-2069
Date: July 15, 2008
Electronic Filing - Received, Clerk's Office, July 15, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
SURFACE MANUFACTURING COMPANY,
)
an Illinois corporation,
)
)
Respondent.
)
PCB NO. 2008 - 091
(Enforcement - Water)
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 hearing
requirement in the above-captioned matter.
In
support thereof, the Complainant states as
follows:
1.
On May 27,2008, a Complaint was filed with the Pollution Control Board
("Board") in this matter. On July 14, 2008, a Stipulation and Proposal for Settlement was filed
with the Board.
2.
Section 31 (c)(2) of the Illinois Environmental Protection Act ("Act"), 415
ILCS 5/31
(c)(2), effective August 1, 1996, allows the parties in certain enforcement cases to
request relief from the mandatory hearing requirement where the parties have submitted to the
Board a stipulation and proposal for settlement. Section
31 (c)(2) provides:
Notwithstanding the provisions
of subdivision (1) of this subsection (c), whenever
1
Electronic Filing - Received, Clerk's Office, July 15, 2008
a complaint has been filed on behalf of the Agency or by the People ofthe 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 (1)
of this subsection. The notice shall include a
statement that any person may file a written 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 currently scheduled in the instant case.
4.
The Complainant requests the
relief conferred by Section 31 (c)(2) of the
Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney General of the State of Illinois, requests relief from the requirement
ofa hearing pursuant to 415 ILCS 5/31(c)(2), effective July 15, 2008.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the
State ofIllino.
Environmental Bureau
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-2069
2
Electronic Filing - Received, Clerk's Office, July 15, 2008
CERTIFICATE OF SERVICE
I, RICHARD
A.
PERRY, an Assistant Attorney General in this case, do certify that
I
caused to be served this 15th day of July, 2008, the foregoing Motion to Request ReliefFrom
,
Hearing Requirement and Notice of Filing upon the person listed on said Notice by depositing
same in an envelope, first class postage prepaid, with the United States Postal Service at 69 West
Washington Street, Chicago, Illinois, at or before the hour
of 5:00 p.m.
Electronic Filing - Received, Clerk's Office, July 15, 2008
