ILLINOIS POLLUTION CONTROL BOARD

February 27,

1992

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 91—254

(Enforcement)

ACNE PRINTING

INK

COMPANY,

)

a Delawa~reCorporation,

Respondent.

ORDER OF THE BOARD

(by J.

C. Marlin):

The parties filed on February 19,

1992

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.

IT IS SO ORDERED.

130—315

---

2

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certJ~ythat the above Order was adopted on the

~

day of

____________________,

1992, by a vote of 70•

Dorothy ~-~‘/Gunn,

‘Clerk

Illinois~ollutionControl Board

13 0—316