ILLINOIS POLLUTION CONTROL BOARD

January 11, 1995

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v

)

PCB 94—389

(Enforcement)

VILLAGE OF PORT BYRON,

an Illinois municipal

)

corporation,

)

Respondent.

ORDER OF THE BOARD:

On December 28, 1994, 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

the Village of Port Byron, as a respondent. On the same day, 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) (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 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.

---

2

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Bqa~ç~,

hereby certil that the above order was adopted on th~

I I

day of

1994, by a vote of

~‘

Control Board