ILLINOIS POLLUTION CONTROL BOARD
    September 26.
    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):
    Pursuant
    to
    the
    Board’s
    Order
    of
    September
    12,
    1991,
    on
    September 24,
    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—323
    2
    IT IS SO ORDERED.
    I,
    DorOthy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    B~rd hereby certi~th~t~
    the above Order was adopted on the
    ~
    day of
    ______________________/
    1991,
    by a vote of
    “7
    .
    Dorothy N. ~1nn, Clerk
    Illinois PdjtLution Control Board
    127—324

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