ILLINOIS POLLUTION CONTROL BOARD
    February 27,
    1992
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    v.
    )
    PCB 91—255
    (Enforcement)
    SEARS,
    ROEBUCK
    AND
    COMPANY,
    )
    a New Yo~rkCorporation,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C.
    Marlin):
    The parties file
    on February 19,
    1992
    a request for relief
    from the otherwise applicable requirement of Section 31(a) (1)
    of
    the Act that proposed stipulated settlements be presented at public
    hearing.
    Section 31(a) (2),
    as enacted in P.A. 87—0134, effective
    August
    .13,
    1991,
    provides in pertinent part:
    Notwithstanding the provisions of subdivision
    (1)
    of
    this
    subsection
    (a),
    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
    (1)
    of
    this
    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).
    The Board accordingly directs the Clerk to cause publication
    of the required newspaper notice.
    The Board will reserve ruling on
    the parties’ request until after the statutory 21 days has passed.
    IT IS SO ORDERED.
    130—3
    17
    2
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby certi y that the above Order was adopted on the
    c77tt
    day of
    -i
    ,
    1992, by a vote of
    7~.
    Dorothy N./Øunn, Cl~rk
    Illinois i~d1lutionControl Board
    130—318

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