ILLINOIS POLLUTION CONTROL BOARD
    October
    1,
    1992
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Coinplainant,
    v.
    PCB 92—95
    (Enforcement)
    SIMPLEX, INC.,
    an
    Illinois Corporation,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    On August 19, 1992, the hearing officer in this case issued an
    order which directed the parties to “file with the Clerk of the
    Board a stipulation and proposal for settlement accompanied by a
    motion seeking relief from the hearing requirement of subsection
    31(a) (2)
    of the Act”.
    Pursuant to the hearing officer order, on September 21,
    1992
    the parties filed a stipulation and proposal for settlement.
    This
    was
    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 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
    0136-0227
    2
    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
    t~e
    parties’ ~
    1té~thStIt~~1~dä~è
    has
    passed.
    IT IS SO
    ORDERED.
    I, Dorothy
    11.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo rd, hereby certify
    at
    e above order was adopted on the
    _/4-i~- day of
    _____________________,
    1992,
    by a vote of
    7~.
    44.
    Dorothy
    M,,-~unn,
    Clerk
    Illinois ~llution
    Control Board
    0136-0228

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