ILLINOIS POLLUTION CONTROL BOARD
October 20,
1994
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCB
93—261
(Enforcement)
MIDWEST REFINISHING,
INC.,
an Illinois
Corporation,
and KENNETH RUFF,
individually and as President of
)
Midwest Refinishing,
Inc.,
Respondents.
ORDER OF THE BOARD:
(By
E.
Dunham):
On December
22,
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 against
respondents.
On October 13,
1994,
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.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify~-1thatthe above order was adopted on the
~~I-
day of
___________________,
1994,
by a vote of
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Dorothy M. G~n, Clerk’
Illinois Pol(~JutionControl Board