ILLINOIS POLLUTION CONTROL BOARD
    May 5,
    1993
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    V.
    )
    PCB 83—150
    (Enforcement)
    ARCHER DANIELS MIDLAND COMPANY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T.
    Girard):
    This complaint was filed on October 11,
    1983.
    On August 20,
    1987,
    the Board issued an Order accepting the parties’
    stipulation and proposal for settlement.
    The Order recognized
    that the parties had not reached an agreement on
    all aspects
    of
    the settlement.
    On March
    16,
    1993, the parties filed
    a Joint
    Motion for Modification of Final Order.
    On April
    29,
    1993,
    the
    parties filed 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 timely 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).
    0
    I ~2-OOO
    I
    2
    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 that the above order was adopted on the
    ~
    day of
    ~
    ,
    1993, by a vote of
    -5~
    ~‘.
    Dorothy N.
    Illinois
    Po,
    Control Board
    0~L~?~
    uUu2

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