ILLINOIS POLLUTION CONTROL BOARD
    July 22, 1999
    EDWARD MALINA,
    Complainant,
    v.
    JEAN DAY,
    Respondent.
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    PCB 98-54
    (Enforcement - Citizens, UST)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    This matter is before the Board on a settlement and motion to dismiss filed by the
    parties on July 14, 1999. The parties seek Board approval of the settlement agreement
    purportedly entered into by the parties on May 27, 1999.
    Section 103.180(b) of the Board’s procedural rules provides:
    When the parties submit a proposed settlement or stipulation to
    the Hearing Officer, the Hearing Officer shall conduct a hearing
    in which all interested persons may testify with respect to the
    nature of the alleged violation and its impact on the environment,
    together with their views on the proposed stipulation and
    settlement. The Hearing Officer shall transmit such record of
    hearing to the Board, together with all exhibits. 35 Ill. Adm.
    Code 103.180(b).
    Accordingly, the Board hereby directs the hearing officer to, after reasonable consultation with
    the parties, schedule a hearing as provided in 35 Ill. Adm. Code 103.180(b), to allow
    testimony from interested persons regarding the nature of the alleged violations and the relief
    proposed by the parties in the July 14, 1999 settlement and motion to dismiss.
    Alternatively, should the parties wish to forego a hearing, they may withdraw their
    request for Board approval of the settlement and simply file a motion to dismiss.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 22nd day of July 1999 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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