ILLINOIS POLLUTION CONTROL BOARD
August
5,
1993
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 93—144
(Enforcement)
ANCHOR GLASS CONTAINER
)
CORPORATION,
a Delaware Corporation,
)
Respondent.
ORDER OF THE BOARD
(by C.
A.
Manning):
This complaint was filed on July
30,
1993.
On the same day,
the parties filed a request for relief from the otherwise appli-
cable requirement of Section 3l(a)(l)
of the Act
(415 ILCS
5/31(a) (1))
that proposed stipulated settlements be presented at
public hearing.
Section 31(a)(2)
(415 ILCS 5/31(a) (1)) provides
in pertinent part as follows:
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 subdivi-
sion
(1).
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.
2
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Bo~r~,
hereby certi~y-~thatthe above order was adopted on the
~
day of ______________________,
1993, by a vote of
~‘
~
//~
~
ix.
Dorothy N.
9lnn,
Clerk
Illinois P~XlutionControl Board