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
    ~
    //
    ___
    7-
    ~
    ~
    ~
    ~
    Dorothy M. G~n, Clerk’
    Illinois Pol(~JutionControl Board

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