ILLINOIS POLLUTION CONTROL BOARD
    May 2, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    KIMBALL HILL, INC., an Illinois
    corporation,
    Respondent.
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    PCB 96-137
    (Enforcement - Water)
    ORDER OF THE BOARD (by J. Yi):
    On December 22, 1995, the Illinois Attorney General, on behalf of the People of the
    State of Illinois and the Illinois Environmental Protection Agency, filed a formal complaint
    naming as respondent, Kimball Hill, Inc., an Illinois corporation. On April 23, 1996, the
    parties filed a stipulation and proposal for settlement accompanied by 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) (1994).)
    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 shall deny the request for relief from a hearing
    and hold a hearing.
    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
    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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