ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 90—161
    (Enforcement)
    )
    COLUMBIA
    QUARRY
    COMPANY,
    (a
    Missouri
    corporation),
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    C.
    Marlin):
    This complaint
    was
    filed
    on August
    15,
    1990.
    On June
    11,
    1992,
    the parties
    filed
    a
    Joint
    Motion
    For
    Waiver
    of
    Hearing
    concerning a stipulation and settlement filed the same day.
    This
    is
    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
    tirnely 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).
    1:34—295
    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
    Board, hereby certify that the above order was adopted on the
    ~
    day of _______________________,
    1992,
    by a vote of
    7
    —2.
    ~
    ~.
    ~L~I
    Dorothy M,~/unn,Clerk
    Illinois ~óllution Control Board
    I
    34—296

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