ILLINOIS POLLUTION CONTROL BOARD
June 30, 1994
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 94—41
(Enforcement)
BOB
EVANS
FARMS,
INC.,
a Ohio Corporation,
Respondent.
ORDER OF THE
BOARD
(by
E.
Dunham):
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 Bob Evans Farms,
Inc. as
a respondent on January 19,
1994.
On June 24, 1994, the parties
filed 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 must 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
Boar~,hereby cert
that
the
above
order
was
adopted
on
th~
~
day of
___________________,
1994,
by a vote of á~
Dorothy M. G~n, Clerk
Illinois Poi9lution Control Board