ILLINOIS POLLUTION CONTROL BOARD
December
3,
1992
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
V.
)
PCB 92—185
(Enforcement)
MAPLE PARK OIL,
)
an Illinois Partnership,
and
)
ROBERT
C.
NELSON,
as a Partner,
)
Respondents.
ORDER OF THE BOARD
(by
J.
C. Marlin):
This complaint was
filed
on
December
1,
1992.
On the
same
day,
the parties
filed
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
23. 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.
0137-0579
2
IT
IS SO ORDERED.
I,
Dorothy N.
Gunn,
Clerk
of the I11ino.~sPollution Control
Board~ hereby certify that the above order was adopted
on the
3’~
day of ________________________
,
1992,
by
a vote
of
Dorothy M.,,-c~nn, Clerk
Illinois ~gAJution
Control Board
0137-0580