ILLINOIS POLLUTION CONTROL BOARD.
    August 22, 1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 91—129
    (Enforcement)
    )
    CITY OF BLOOMINGTON,
    )
    )
    •
    Respondent.
    NOTICE AND ORDER OF THE BOARD (by J. C. Marlin) :
    On July 26, 1991 a Stipulation and Proposal for Settlement
    was filed in this action.
    On August 13, 1991, the Governor signed into law legislation
    amending Section 31 of the Environmental Protection 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, was effective
    immediately.
    The obvious intent of the new law is to avoid unnecessary
    expenses to the State and to other parties. Historically, we
    estimate from a review of our records that 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 newspaper notice from the Board,
    demand in writing that a hearing be held. Where hearing is
    request, the Board will be obligated to conduct a hearing despite
    the parties’ request.
    As Section 31(a) (2) is written, the parties must file their
    request for relief from the hearing 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 amend 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 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. In the absence of such filing,
    the matter will be set for hearing.
    IT IS SO ORDERED.
    125—363
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo~eNotice and Order of the Board
    was adopted on
    ‘l~~
    day of
    A~Jt~’
    (~e ~
    ,
    1991 by
    a vote of 7C)
    .
    d
    Dorothy N. G~~nn,Clerk
    Illinois Pollution Control Board
    125—364

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