ILLINOIS POLLUTION CONTROL BOARD
June 30,
1994
PEOPLE OF
THE
STATE
)
OF ILLINOIS,
)
Complainant,
)
V.
)
PCB 94—185
(Enforcement)
DIVISION
LEAD
LIMITED
)
PARTNERSHIP,
a Illinois limited partnership,
)
)
Respondent.
ORDER
OF THE
BOARD:
On June 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
Division Lead Limited Partnership as a respondent.
On the same
day, 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)(1)
(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
Board~hereby certify
at the above order was adopted on the
AC~’day of
____________________,
1994, by a vote of
4O•
~1
~
~borothy
M. G~hn,Clex~’k
Illinois PoUution Control Board