ILLINOIS POLLUTION CONTROL BOARD
September 12, 1991
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
V.
)
PCB 91—151
(Enforcement)
UNITED STATES DEPARTMENT OF
)
THE NAVY,
Respondent.
ORDER OF THE BOARD (by J. C. Marlin):
This complaint, filed August 23, 1991, was accompanied by a
Stipulation and Proposal for Settlement.
On August 13, 1991, the Governor signed into law legislation
amending Section 31 of the Act. The amendment allows the parties
in certain enforcement cases to request relief from the requirement
of a hearing, where the parties have submitted to the Board a
stipulation and proposal for settlement. The new law, Public Act
87—0134, is effective immediately.
The obvious intent of the new law is to avoid unnecessary
expenses to the State and to other parties; historically, fewer
than 5 of the hearings conducted for review of such proposed
settlements are attended by any member of the public. The law
provides that the Board may, in its discretion, deny the request
and also that any person may, within 21 days of notice from the
Board, demand in writing that a hearing be held. In such cases,
the Board will be obligated to conduct a hearing despite the
parties’ request.
As written, the parties must file their request for relief
from the hearings requirement at the same time as their stipulation
and proposal for settlement is filed. However, it appears that if
no hearing has yet been scheduled, the parties may re—file or amend
and file their stipulation and proposal for settlement along with
a request for relief.
Since Public Act 87-0134 may apply to the instant case, the
Board orders the parties to file, within 30 days of the date of
this order, a motion to request for relief from the requirement for
a hearing pursuant to subdivision (a) (1) of Section 31 of the Act,
if the parties choose to avail themselves of the potential relief
conferred by Public Act 87-0134.
IT IS SO ORDERED.
126—9 1
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that~theabove Order of the Board was adopted
on
~
day of ___________________________, 1991 by a vote of
7—’-).
‘
I
erk
Control Board
126—92