ILLINOIS POLLUTION CONTROL BOARD
September 26.
1991
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
v.
)
PCB 91—151
(Enforcement)
UNITED STATES DEPARTMENT OF THE
NAVY,
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
Pursuant
to
the
Board’s
Order
of
September
12,
1991,
on
September 24,
1991 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 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
on
the
parties’
request
until
after
the
statutory
21
days
has
passed.
126—323
2
IT IS SO ORDERED.
I,
DorOthy
M.
Gunn,
Clerk of the Illinois Pollution Control
B~rd hereby certi~th~t~
the above Order was adopted on the
~
day of
______________________/
1991,
by a vote of
“7
.
Dorothy N. ~1nn, Clerk
Illinois PdjtLution Control Board
127—324