ILLINOIS POLLUTION CONTROL
    BOARD
    January
    18,
    1996
    PEOPLE OF
    THE
    STATE OF
    ILLiNOIS,
    )
    )
    Complainant,
    )
    PCB 96-32
    )
    (Enforcement-RCRA)
    V.
    )
    )
    HARPER-WYMAN COMPANY, a Delaware
    )
    Corporation,
    )
    )
    Respondent.
    )
    ORDER OF
    THE
    BOARD (by E. Dunham):
    On August 3,
    1995, the Illinois Attorney General,
    or’ behalf
    of
    the
    People of the State of
    Illinois and the Illinois Environmental Protection Agency,
    filed a formal complaint naming Harper-
    Wyman Company
    as respondent.
    On January
    8,
    1996, the parties filed a stipulation and proposal
    for settlement accompanied
    by a request for relieffrom the requirements of Section 31(a) (1) of
    the
    Environmental Protection Act (Act) that proposed stipulated settlements be presented at
    public
    hearing.
    (425
    ILCS
    5/31(a)
    (1) (1994).)
    Section 31(a) (2) ofthe
    Act
    provides that whenever a complaint has been filed on behalf
    ofthe Agency or by thePeople ofthe State ofIllinois, the parties may file with the Board
    a
    stipulation and proposal for settlement accompanied by a request for relief from the requirement
    ofa hearing.
    The Board is
    required
    to cause notice ofthe stipulation, proposal and request for
    reliefto 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.
    Ifany person files a timely written demand for
    hearing, the Board shall deny the
    request for relieffrom a hearing and hold a hearing.
    The
    Board accordingly directs the Clerk to cause publication ofthe 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~he
    Illino’
    ollution Control Board, hereby certify that the
    above order was adopted on the /1 “~‘day
    of
    ,
    1996,
    by a vote of
    7~’0.
    Dorothy M. G~4,Clerk
    Illinois Polluti~y(
    Control Board

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