ILLINOIS POLLUTION CONTROL BOARD
    April 16, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    HORSEHEAD RESOURCE
    DEVELOPMENT COMPANY, INC.,
    a Delaware corporation,
    Respondent.
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    PCB 98-127
    (Enforcement - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On April 2, 1998, the Illinois Attorney General, on behalf of the People of the State of
    Illinois, filed a formal complaint naming as a respondent Horsehead Resource Development
    Company, Inc., a Delaware corporation, located at 2701 East 114th Street, Chicago, Cook
    County, Illinois. On the same day, 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) (1996).
    Section 31(c)(2) of the Act provides that whenever a complaint has been filed on behalf
    of 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) (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.
    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 for relief
    from the hearing requirement until after the statutory 21 days have passed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of April 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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