ILLINOIS POLLUTION CONTROL BOARD
July 1, 1993
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
v.
)
PCB 93—120
(Enforcement)
CHICAGO INDUSTRIAL WASTE
)
HAULERS INCORPORATED, an former
)
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 frora 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.
2
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify at the above order was adopted on the
~
day of ______________________, 1993, by a vote of
_____
~
A.
Dorothy M. G)/nn, Clerk
Illinois Po(~,&ution Control Board