ILLINOIS POLLUTION CONTROL BOARD
January
26,
1995
PEOPLE
OF THE STATE
)
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 93—160
)
(Air Enforcement)
NAPERVILLE ASPHALT,
INC.,
)
an Illinois corporation,
)
Respondent.
ORDER OF THE BOARD
(by M.
McFawn):
On August 30,
1993, 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 Naperville Asphalt, Inc. as a respondent.
On January 23,
1995, 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 N. Gunn, Clerk of the Illinois Pollution Control
Boar~d., hereby ce
fy that the above order was adopted on the
k~’~
day of
____________________,
1995, by a vote of
7~.
C
0
~
~
~
Dorothy N. G~z~tn,Clerk
Illinois Po!l4ition
Control Board