ILLINOIS POLLUTION CONTROL BOARD
October 6, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
V.
)
PCB 94—220
(Enforcement)
CITY OF GILLESPIE, MACOUPIN
)
COUNTY; JOHN CRAWFORD, d/b/a
KNOSTMAN CRAWFORD
)
ASSOCIATES; AND H & H
)
MECHANICAL AND ELECTRICAL
)
CONTRACTORS, INC.,
)
Respondent.
ORDER OF THE BOARD (by J. Theodore Meyer):
This complaint was filed on August 12, 1994. On September
16, 1994, the parties filed an executed stipulation and proposal
for settlement accompanied by a request for relief from the
otherwise applicable requirement of Section 31(a) (1) of the Act
that proposed stipulated settlements be presented at public
hearing.
Section 31(a)(2), as enacted in P.A. 87-0134, effective
August 13, 1991, provides in pertinent part:
Notwithstanding the provisions of subdivision
(1) of this subsection (a), 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 pursuant to
subdivision (1). Unless the Board, in its
discretion, concludes that a hearing will be
held, the Board shall cause notice of the
stipulation, proposal and request for relief
to be published and sent in the same manner
as is required for hearing pursuant to
subdivision (1) of this subsection. The
notice shall 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 shall hold a
2
hearing in accordance with the provisions of
subdivision (1).
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control~~~~
Board, hereby certify that the above order was adopted on the ~
day of
___________________,
1994, by a vote of
‘~
Control Board