ILLINOIS POLLUTION CONTROL BOARD

December 3, 1992

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 92—192

(Enforcement)

S1 HAND

TOOL CORPORATION

Respondent.

ORDER OF THE BOARD (by J. C. Marlin):

This complaint was filed on December 2, 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 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.

0137-0591

---

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

B~rd, hereby certify/that the above order was adopted on the

~ day of

~‘(

~

,

1992, by a vote of

i~

,(

Dorothy M//unn, Clerk

Illinois (~,6llution Control Board

0137-0592