ILLINOIS POLLUTION CONTROL BOARD
September 12, 1991
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
v.
)
PCB 91—129
)
(Enforcement)
CITY OF BLOOMINGTON, an Illinois
)
Municipal Corporation,
)
Respondent.
ORDER OF THE BOARD (by J. C. Marlin):
Pursuant to the Board’s Order of August 22, 1991, on September
4, 1991 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 filed 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.
126—83
2
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Boar~ hereby certifft~tthe above Order was adopted on th~
~ day of ________________________, 1991, by a vote of 7
~‘.
L~~i7~~
~?.
Dorothy M. Gj~n, Clerk
Illinois Po1~l’ution Control Board
126—84