ILLINOIS POLLUTION CONTROL BOARD

July 22, 1993

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

)

PCB 93—134

(Enforcement)

ECOLOGIC, INC., a Delaware

corporation, and HORSEHEAD

INDUSTRIES, INC., a Delaware

corporation, d/b/a ZINC

COMPANY OF AMERICA,       

)

Respondents     

)

ORDER OF THE BOARD (by CA. Manning):

This complaint was filed on July 22, 1993. On the same day,

the parties filed a request for relief from the otherwise applica-

ble 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 3l(a)(2) (415 ILCS 5/31(a)(l)) 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 stipula-

tion 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.

2

IT IS SO ORDERED.

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

Board, hereby certify that the above order was adopted on the

~day

of

1993, by a vote of 

,1~ ,.“ ---v

Dorothy N. Gu~in, Clerk

Illinois Po2’ütion Control Board