ILLINOIS POLLUTION CONTROL BOARD
September 12,
1991
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCB 91—150
(Enforcement)
WORLD’S FINEST CHOCOLATE,
INC.
Respondent.
ORDER OF THE BOARD
(by
3.
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—89
2
IT IS SO ORDERED.
I,
Dorothy
N.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that the above Order was adopted on the
A~?~
day of
___________________,
1991,
by a vote of 7~ô
/
/1
Dorothy N. ,~ihn,CleIk
Illinois P~1Lution Control Board
126—90