ILLINOIS POLLUTION CONTROL BOARD
March 5, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DIAMOND PLATING COMPANY,
an Illinois corporation,
Respondent.
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PCB 96-21
(Enforcement -
Air
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ORDER OF THE BOARD (by K.M. Hennessey):
On July 31, 1995, the Illinois Attorney General, on behalf of the People of the State of
Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal complaint
against Diamond Plating Company, an Illinois corporation, located in Madison, Madison
County, Illinois. On February 20, 1998, the parties filed a stipulation and proposal for
settlement accompanied by a request for relief from the requirement of Section 31(c)(1) of the
Environmental Protection Act (Act) that proposed stipulated settlements be presented at public
hearing. 415 ILCS 5/31(c)(1) (1996).
Section 31(c)(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. 415 ILCS 5/31(c)(2) (1996). 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 will deny the
request for relief from a hearing.
The Board accordingly directs the Clerk of the Board to cause publication of the
required newspaper notice. The Board will reserve ruling on the parties’ request for relief
from the hearing requirement until after the statutory 21 days have passed.
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 5th day of March 1998, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board