ILLINOIS POLLUTION CONTROL BOARD

February 17, 1994

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

)

V.

)

PCB 94—59

(Enforcement)

ACNE BARREL COMPANY,

)

an Illinois Corporation,

)

Respondent.

ORDER OF THE BOARD (by C.A. Manning):

On February 9, 1994, the Illinois Attorney General on behalf

of the People of the State of Illinois filed a formal complaint

naming Acme Barrel Company, Inc., as a respondent. On the same

day, the parties filed a request for relief from the requirements

of Section 31(a) (1) of the Environmental Protection Act (Act) that

proposed stipulated settlements be presented at public hearing.

(415 ILCS 5/3l(a)(1) (1992).)

Section 31(a) (2) of the Act provides that 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. The Board is required

to cause notice of the stipulation, proposal and request for relief

to be published, unless the Board in its discretion, concludes that

a hearing is necessary. The notice is required to 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 hold a hearing.

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.

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

Board, hereby certify th the above order was adopted on the.

,‘7~Z-

day of ______________________, 1994, by a vote of ~

~

~orothy N. inn, Clerk

Illinois Pq~JlutionControl Board