ILLINOIS POLLUTION CONTROL BOARD
October 24,
1991
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
PCB 90—184
(Enforcement)
)
HOPPER PAPER DIVISION, GEORGIA-
)
PACIFIC CORPORATION,
a foreign
)
corporation, and TAYLORVILLE
)
SANITARY
DISTRICT,
a municipal
)
corporation.
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
On October 2, 1991 the parties filed a Partial Stipulation and
Proposal
for
Settlement
and
a
Stipulation
and
Proposal
for
Settlement along with
a request for relief from the 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
126—593
2
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.
IT IS SO ORDERED.
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify,~h~thEabove Order was adopted on the
c~~day
of
~
1991,
by a vote of
7~
~
~(_,
4~/
Dorothy N. G~4i~,Clerk
Illinois Pol~tionControl Board
126—594