ILLINOIS POLLUTION CONTROL
BOARD
January
18,
1996
PEOPLE OF
THE
STATE OF
ILLiNOIS,
)
)
Complainant,
)
PCB 96-32
)
(Enforcement-RCRA)
V.
)
)
HARPER-WYMAN COMPANY, a Delaware
)
Corporation,
)
)
Respondent.
)
ORDER OF
THE
BOARD (by E. Dunham):
On August 3,
1995, the Illinois Attorney General,
or’ behalf
of
the
People of the State of
Illinois and the Illinois Environmental Protection Agency,
filed a formal complaint naming Harper-
Wyman Company
as respondent.
On January
8,
1996, the parties filed a stipulation and proposal
for settlement accompanied
by a request for relieffrom the requirements of Section 31(a) (1) of
the
Environmental Protection Act (Act) that proposed stipulated settlements be presented at
public
hearing.
(425
ILCS
5/31(a)
(1) (1994).)
Section 31(a) (2) ofthe
Act
provides that whenever a complaint has been filed on behalf
ofthe Agency or by thePeople ofthe State ofIllinois, the parties may file with the Board
a
stipulation and proposal for settlement accompanied by a request for relief from the requirement
ofa hearing.
The Board is
required
to cause notice ofthe stipulation, proposal and request for
reliefto 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.
Ifany person files a timely written demand for
hearing, the Board shall deny the
request for relieffrom a hearing and hold a hearing.
The
Board accordingly directs the Clerk to cause publication ofthe required newspaper
notice.
The Board will reserve ruling
on the parties request until after the statutory
21 days has
passed.
IT IS SO
ORDERED.
I,
Dorothy M.
Gunn, Clerk,,of~he
Illino’
ollution Control Board, hereby certify that the
above order was adopted on the /1 “~‘day
of
,
1996,
by a vote of
7~’0.
Dorothy M. G~4,Clerk
Illinois Polluti~y(
Control Board