ILLINOIS POLLUTION CONTROL BOARD
December
2,
1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
)
v.
)
PCB 93—216
(Enforcement)
ALUMINUM
COIL ANODIZING
)
CORPORATION,
an Illinois
)
Corporation,
)
Respondent.
ORDER OF THE BOARD
(by C.A. Manning):
On November
19,
1993,
the Office
of the
Illinois Attorney
General
filed
a
motion
for
expedited
review
of
a
proposed
stipulated settlement agreement as between the People of the State
of
Illinois and the Alumninum Coil Anodizing Corporation.
The
underlying
complaint
and
the
proposed
stipulated
settlement
agreement
were
filed
with
the
Board
on
November
18,
1993
accompanied by a request for relief of the Environmental Protection
Act Section 31(a) (1) hearing requirement
(415 ILCS 5/31 (a) (1)).
On the same day the motion for expedited review was filed, the
Board
began
its
review
of the
settlement agreement
by causing
notice of the Stipulation and Proposal for Settlement and Motion
for Relief of the Hearing Requirement to be published pursuant to
Section 31(a)(2)
of the Act
(415 ILCS 5/31(a)(2)).
If the Board
does
not
receive
a
request
for
a
hearing
within
21
days
of
publication, the Board may enter a ruling on the request for relief
from the
hearing
requirement
and
issue
an
order
approving the
proposed stipulated settlement agreement as early as December 16,
1993.
The Board did not receive a response from the Alumninum Coil
Anodizing
Corporation
within
the
seven
(7)
day
response
time
allowed by 35 Ill. Adm. Code Section 101.241(d), and therefore, the
respondent
is deemed to have waived objection to the granting of
the motion.
Accordingly, the Board will formally grant the People
of the State of Illinois’ motion for expedited review, though in
practice the Board,
as stated above,
issues an order
as early as
possible
given
the
21-day
statutory
publication
period.
Publication already having been caused, the request for relief from
the
hearing requirement
and
the
proposed stipulated
settlement
agreement will be voted upon by the Board at the close of the 21-
day period if it expires without a request for hearing.
IT IS SO ORDERED.
2
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the~~—
day of
~7Kc~~&~
,
1993, by a vote of
~
~-~‘
Dorothy M.
G~tinn, Clerk
Illinois Poltution Control Board