ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MATERIAL SERVICE CORPORATION, a
    Delaware corporation,
    Respondent.
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    PCB 96-253
    (Enforcement - Water - Mine)
    ORDER OF THE BOARD (by C.A. Manning):
    On June 11, 1996 the Illinois Attorney General, on behalf of the People of the State of
    Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal complaint
    naming as a respondent Material Service Corporation, a Delaware corporation headquartered at
    222 North LaSalle, Chicago, Illinois, regarding its property located at Route 72, East of Route
    25, East Dundee, Kane County, Illinois. On the same day, the parties filed 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 will deny the request for relief from a hearing
    and hold a hearing.
    The Board accordingly directs the Clerk of the Board to cause publication of the
    required newspaper notice. The Board will reserve ruling of the parties’ request until after the
    statutory 21 days has passed.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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