ILLINOIS POLLUTION CONTROL BOARD
    September 12, 1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    V.
    )
    PCB 91—151
    (Enforcement)
    UNITED STATES DEPARTMENT OF
    )
    THE NAVY,
    Respondent.
    ORDER OF THE BOARD (by J. C. Marlin):
    This complaint, filed August 23, 1991, was accompanied by a
    Stipulation and Proposal for Settlement.
    On August 13, 1991, the Governor signed into law legislation
    amending Section 31 of the Act. The amendment allows the parties
    in certain enforcement cases to request relief from the requirement
    of a hearing, where the parties have submitted to the Board a
    stipulation and proposal for settlement. The new law, Public Act
    87—0134, is effective immediately.
    The obvious intent of the new law is to avoid unnecessary
    expenses to the State and to other parties; historically, fewer
    than 5 of the hearings conducted for review of such proposed
    settlements are attended by any member of the public. The law
    provides that the Board may, in its discretion, deny the request
    and also that any person may, within 21 days of notice from the
    Board, demand in writing that a hearing be held. In such cases,
    the Board will be obligated to conduct a hearing despite the
    parties’ request.
    As written, the parties must file their request for relief
    from the hearings requirement at the same time as their stipulation
    and proposal for settlement is filed. However, it appears that if
    no hearing has yet been scheduled, the parties may re—file or amend
    and file their stipulation and proposal for settlement along with
    a request for relief.
    Since Public Act 87-0134 may apply to the instant case, the
    Board orders the parties to file, within 30 days of the date of
    this order, a motion to request for relief from the requirement for
    a hearing pursuant to subdivision (a) (1) of Section 31 of the Act,
    if the parties choose to avail themselves of the potential relief
    conferred by Public Act 87-0134.
    IT IS SO ORDERED.
    126—9 1
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that~theabove Order of the Board was adopted
    on
    ~
    day of ___________________________, 1991 by a vote of
    7—’-).
    ‘
    I
    erk
    Control Board
    126—92

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