ILLINOIS POLLUTION CONTROL BOARD

July 1, 1993

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 93—116

(Enforcement)

H.P. SMITH, INCORPORATED,

an Illinois corporation,

Respondent.

ORDER OF THE BOARD (by C. A. Manning):

This complaint was filed on June 17, 1993. On the same day,

the parties filed 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.

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

subdivision (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.

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2

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the I1linoi~Pollution Control

Board, hereby certify

above order was adopted on the

/.44

day of

1993, by a vote of

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Dorothy M. ~?nn, Clerk

Illinois Poflution Control Board