ILLINOIS POLLUTION CONTROL BOARD
    September 26.
    1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 91—142
    (Enforcement)
    BROADWELL GRAIN ELEVATOR,
    INC.,
    an Illinois corporation,
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    C. Marlin):
    On
    September
    17,
    1991
    the
    parties
    filed
    stipulation
    and
    proposal for settlement
    accompanied by
    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 filed 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).
    The Board accordingly directs the Clerk to cause publication
    of the required newspaper notice.
    The Board will
    reserve ruling
    126—32 1
    2
    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 _______________________,
    1991, by a vote of
    7-~.
    Dorothy N.
    Illinois Po~
    Control Board
    126—32 2

    Back to top