ILLINOIS POLLUTION CONTROL BOARD

February 17,

1994

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

)

PCB 94—56

(Enforcement)

LAND

0‘FROST, INC.,.

an Illinois Corporation,

Respondent.

ORDER

OF THE BOARD

(by C.

A. Manning):

On February 7, 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

Land O’Frost,

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.

---

2

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board., hereby certify~thatthe above order was adopted on the

/7~

day of ________________________,

1994, by a vote of

~

~

Dorothy N.

$inn, Clerk

Illinois Po~i1utionControl Board