ILLINOIS POLLUTION CONTROL BOARD
    November 4, 1993
    PEOPLE OF THE STATE
    OF ILLINOIS,
    )
    Complainant,
    V.
    )
    PCB 93—57
    (Enforcement)
    ILLINOIS AYERS OIL
    COMPANY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This complaint was filed on March 19, 1993. On October 25,
    1993, the parties filed an executed stipulation and proposal for
    settlement accompanied by a request for relief from the otherwise
    applicable requirement of Section 31(a) (1) of the Act that
    proposed stipulated settlements be presented at public hearing.
    Complainant the People of the State of Illinois also filed a
    motion for leave to file the stipulation and proposal for
    settlement instanter. That motion for leave to file instanter is
    granted.
    Section 31(a)(2), as enacted in P.A. 87—0134, effective
    August 13, 1991, provides in pertinent part:
    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 stipulation 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
    ~‘hdjvjsjon (1).
    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.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    day of
    __________________,
    1993, by a vote of ~—~7
    Control Board

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