ILLINOIS POLLUTION CONTROL BOARD
January 20,
1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 94—16
(Enforcement)
CENTRAL ILLINOIS PUBLIC
SERVICE COMPANY,
)
an Illinois Corporation,
)
Respondent.
ORDER OF THE BOARD
(by C.
A. Manning):
This complaint was filed on January
6,
1994.
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) (1)) that proposed stipulated settlements be presented at
public hearing.
Section 3i.(a)(2)
(415 ILCS 5/31(a) (1)) 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 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 subdivi-
sion (1).
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.
Board Member Marili McFawn abstains.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board,
do hereby
ify that the above order was adopted on the
~izi
day of ___________________________,
1994, by a vote of
I
,
Clerk
Ltion Control Board