ILLINOIS POLLUTION CONTROL BOARD
December
16,
1993
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 93-85
(Enforcement)
LIQUID AIR CORPORATION,
)
a Delaware Corporation,
)
)
Respondent.
ORDER OF THE BOARD
(by N. Nardulli):
This complaint was filed
on May
10,
1993.
On December 13,
1993, the parties filed a stipulation and proposal for settlement.
On the same day, the parties filed a request for relief from the
otherwise applicable
requirement of Section
31(a) (1)
of the Act
(415
ILCS
5/31(a)(l))
that
proposed
stipulated
settlements
be
presented at public hearing.
Section 31(a) (2) of the Act provides
in pertinent part as follows:
Notwithstanding the provisions of subdivision (1) of this
subsection
(a), 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 pursuant to
subdivision
(1).
Unless the Board,
in its discretion,
concludes that a hearing will be held,
the Board shall
cause notice of the stipulation, proposal and request for
relief to be published and sent in the same manner as is
required for hearing pursuant to subdivision
(1) of this
subsection.
The notice shall 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 shall hold a
hearing in accordance with the provisions of subdivision
(1)
415
ILCS 5/31(a) (2)
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.
2
IT IS
SO ORDERED.
I,
Dorothy
N. Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby certi~ythat the above order was adopted on the
~
day
of
___________________________,
1993,
by a vote of
//
~
A.
~
~Dorothy
M. 9~hn,Clerk
Illinois PoL&ution Control Board