ILLINOIS POLLUTION CONTROL
    BOARD
    August 22, 1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 91—150
    (Enforcement)
    )
    WORLD’S FINEST CHOCOLATE,
    INC.,
    )
    )
    Respondent.
    NOTICE
    AND
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This complaint,
    filed August
    21,
    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 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
    requested, 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—37 7
    2
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the aboy~Notice and Order of the Board
    was adopted. on ~
    day of
    /-/‘-‘ie-~’S7
    .
    ,
    1991 by
    a vote of
    7~
    Ill
    Control Board
    125—378

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