ILLINOIS POLLUTION CONTROL BOARD
    April
    8,
    1993
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    v.
    )
    PCB 91—53
    )
    (Enforcement)
    ENAMELERS
    AND
    JAPANNERS,
    INC.,
    )
    an Illinois Corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3. Anderson):
    This complaint was filed on March 20,
    1991.
    On March 5,
    1992,
    the People of the State of Illinois
    (People) filed a first
    amended complaint.
    On December 28,
    1992, the People filed a
    second amended complaint.
    On March 15,
    1993,
    the parties filed
    an executed stipulation and proposal for settlement.
    On March
    25,
    1993, 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).
    0I~
    1-0025
    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.
    Board Member 3. Theodore Meyer dissented.
    I, Dorothy N.
    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
    ~/
    ~(
    Dorothy N. ~i~nn,Clerk
    Illinois Pol/Lution Control Board
    OJ’~i-0026

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