ILLINOIS POLLUTION CONTROL BOARD
    November 7,
    1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 91—211
    (Enforcement)
    )
    SWIFT-EC~RICH,INC.,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This complaint was filed on November 5,
    1991, accompanied by
    a stipulation and proposal for settlement.
    At the same time, 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 filed 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
    127—41
    2
    on the parties’
    request
    until
    after the
    statutory
    21 days
    has
    passed.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo~d-,-hereby certi.f
    that the above Order was adopted on the~
    /‘4
    day of ______________________,
    1991, by a vote of
    /
    ~
    Dorothy N.
    Illinois
    Control Board
    127—42

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