ILLINOIS POLLUTION CONTROL BOARD
    December
    3,
    1992
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 92—186
    (Enforcement)
    HILL CONCRETE PRODUCTS,
    INC.,
    )
    an Illinois Corporation,
    Respondent.
    ORDER OF THE BOARD
    (by ~3.C.
    Marlin):
    This complaint was filed on December
    1,
    1992.
    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.
    0137-0581
    2
    IT
    IS
    SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinuis Pollution Control
    Board,,, hereby certify that the above order was adopted on the
    ~~~-day
    of _________________________,
    1992,
    by
    a vote of
    (
    L-~~1
    ~
    ~
    Dorothy M. 1~nn, Clerk
    Illinois P~11utionControl Board
    0(37-0562

    Back to top