ILLINOIS POLLUTION CONTROL BOARD

April 21, 1994

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

)

v.

)

PCB 94—117

(Enforcement)

ALCAN-TOYO AMERICA, INC.,

a Delaware Corporation,

)

)

Respondent.

ORDER OF THE BOARD:

On April 6, 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 Alcan-Toyo

America, Inc., as a respondent. On the same day, the parties filed

a stipulation and proposal for settlement accompanied by a request

for relief from the requirements of Section 31(a) (1) of the

Environmental Protection Act (Act) that proposed stipulated settle-

ments be presented at public hearing. (415 ILCS 5/31(a) (1)

(1992).)

Section 3 1(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.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

~ar4, hereby certiy that,,the above order was adopted on

t4e

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day of

___________________,

1994,

by a vote of

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~Dorothy N. GunW Clerk

Illinois Pollution Control Board