ILLINOIS POLLUTION CONTROL BOARD
December 19,
1991
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 91—249
(Enforcement)
)
CUSTOM TAPES,
INC.,
)
an Illinois Corporation,
Respondent.
ORDER OF THE BOARD
(by J.
Anderson):
This complaint was filed on December 17, 1991, accompanied by
a stipulation and proposal for settlement.
The parties also 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 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—313
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 M. Gunn,
Clerk
of the Illinois Pollution Control
Board, hereby cert~y that the above Order was adopted on
the.
~
day of
_____________________,
1991, by a vote of
~
Ill
Control Board
128—314