ILLINOIS POLLUTION CONTROL BOARD

October 6, 1994

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 94—269

(Enforcement)

AMERICAN RACK COMPANY,

)

a Florida corporation,

)

Respondent.

ORDER OF THE BOARD:

On September 27, 1994, the Illinois Attorney General, on

behalf of the People of the State of Illinois and the Illinois

Environmental Protection Agency, filed a formal complaint naming

American Rack Company as respondent. On September 27, 1994, the

parties filed a stipulation and proposal for settlement

accompanied by 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 5/31(a)(l) (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

stipulation 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 M. Gunn, Clerk of the Illinois Pollution Control

Boar4~~C

dayherebyof

____________________,

certify t~at~heabove order1994,wasbyadopteda

voteonofth~~

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.

Dorothy M(’/Gunn, Clerk

Illinois ?‘ollution Control Board