ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CITY OF STERLING, an Illinois
    municipal corporation,
    Respondent.
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    PCB 97-95
    (Enforcement - Air, Land)
    ORDER OF THE BOARD (by R.C. Flemal):
    On November 26, 1996, the Illinois Attorney General, on behalf of the People of the
    State of Illinois and the Illinois Environmental Protection Agency (Agency), filed a formal
    complaint naming as a respondent the City of Sterling, an Illinois municipal corporation,
    regarding its facility located in Whiteside County, Illinois. On May 13, 1997, the parties filed
    a stipulation and proposal for settlement accompanied by a request for relief from the
    requirement of Section 31(c)(2) of the Environmental Protection Act (Act) that proposed
    stipulated settlements be presented at public hearing. (415 ILCS 5/31(c)(2) (P.A. 89-596, eff.
    August 1, 1996).)
    Section 31(c)(2) of the Act provides that 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. (415 ILCS 5/31(c)(2) (P.A. 89-596, eff. August 1, 1996).) The
    Board is required to cause notice of the stipulation, proposal and request for relief to be
    published, unless the Board, in its discretion, concludes that a hearing is necessary. The notice
    is required to 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 will deny the request for relief from a hearing and hold a hearing.
    The Board accordingly directs the Clerk of the Board 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.
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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 15
    th
    day of May, 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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