ILLINOIS POLLUTION CONTROL BOARD
    January 20,
    1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 94—20
    (Enforcement)
    GERALD V. JOHNSON,
    )
    d/b/a JERRY’S
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C .A. Manning):
    This complaint was filed on January 7,
    1994.
    On the same
    day, the parties filed
    a request for relief from the otherwise
    applicable requirement of Section 31(a) (1) of the Act
    (415 ILCS
    5/31(a) (1)) that proposed stipulated settlements be presented at
    public hearing.
    Section 31(a)(2)
    (415 ILCS 5/31(a) (1)) provides
    in pertinent part as follows:
    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 subdivi-
    sion
    (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.
    2
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boar~do hereby cer
    fy that the above order was adopted on the
    ~
    day of _________________________,
    1994,
    by a vote of
    Ilk
    ~Dorothy
    N.
    Gi/nn, C1er)~
    Illinois Po4~11utionControl Board

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