ILLINOIS POLLUTION CONTROL BOARD
    December 19,
    1991
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 89—180
    (Enforcement)
    COLWELL/~ENERAL,INC.,
    a Delaware corporation,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    This complaint was filed on November 7,
    1989.
    On December 17,
    1991, the parties filed a stipulation and proposal for settlement.
    This was accompanied by
    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
    3l(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 file 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
    128—23 7
    2
    of the required newspaper notice.
    The Board will reserve ruling
    on the
    parties’
    request
    until
    after
    the
    statutory
    21 days
    has
    passed.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bq~3 hereby certify that the above Order was adopted on the,
    /7~
    day of
    ___________________,
    1991, by a vote of
    ____
    ~
    i~.
    Dorothy N.7~unn,Clerk
    Illinois P~1lutionControl Board
    128—238

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