ILLINOIS

POLLUTION

CONTROL

BOARD

February

17,

1994

PEOPLE

OF

THE

STATE

OF ILLINOIS,

Complainant,

v.

PCB 94—52

(Enforcement)

JAYS FOODS,

INC.,

an Illinois Corporation,

Respondent.

ORDER

OF

THE

BOARD

(by C. A. Manning):

On February 2,

1994, 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

Jays Foods,

Inc.

as

a respondent.

On the same day,

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 stipula-

tion 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.

E.

Dunham abstained.

---

2

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board

hereby certif

that the above order was adopted on the

/‘7~’

day of

-

,

1994, by a vote of

_____

~

Dorothy N. c~unn, Clerk

Illinois Pollution Control Board