ILLINOIS POLLUTION CONTROL BOARD
    November
    21, 1985
    MARATHON OIL COMPANY
    )
    (Champaign Terminal),
    Petitioner,
    v.
    )
    PCB 83—26
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    B..
    Forcade):
    On November
    12, 1985,
    the Illinois Environmental Protection
    2~tgency (~Agency~)and Marathon Oil Company (~~Marathon’~)
    filed
    a
    ~Stipulat.ionof Fact and Recommendation
    (sic) Sett1ement~. That
    document
    recites certain factual and procedural matters and prays
    ~that the Board Order
    that permits be
    issued by the Agency
    in
    form exact
    to that attached hereto and labelled as Exhibit B
    without the objected to conditionsu.
    The Board hereby rejects
    the November
    12 settlement.
    The Board has
    a series
    of prior Opinions
    rejecting
    settlement agreements
    in permit appeals.
    The rationale and
    history was most recently articulated
    in Electric Energy
    v.
    IEPA,
    PCB 85—14
    (June 13,
    1985):
    The
    Board
    has
    had
    difficulty
    in
    dealing
    with
    settlements
    in
    permit
    appeal
    cases
    which
    involve
    Agency
    issuance
    of
    negotiated
    permits
    containing
    conditions
    for which
    no
    record
    exists “setting out
    sufficient
    technical
    facts and
    legal
    assertions
    to
    allow
    the
    Board
    to
    exercise
    its
    independent
    judgment
    and
    to
    make
    proper
    findings
    of
    fact
    and
    conclusions
    of
    law.”
    Caterpillar
    Tractor
    Co.
    v.
    IEPA~ PCB
    79—180,
    Interim Order,
    June
    2,
    1983,
    p.
    1—2..
    The Board has not issued Orders incorporating
    the
    terms
    of such stipulations as the Board doee
    in
    enforcement
    cases..
    The
    Board
    has
    issued
    Orders
    dismissing
    the
    appeal
    and allowing ratification
    of
    a
    ~voidab1e permit,
    e.g., Caterpillar,
    supra, Final
    Order,
    June
    14,
    1982;
    an
    Order
    simply
    dismissing
    the
    appeal,
    Village
    of
    Sauget
    v.
    IEPA,
    PCB 79—87,
    July
    19, 1984~and an Order
    remanding the permit
    to
    the
    Agency,
    Caterpillar
    Tractor
    Co.
    v.
    IEPA,
    PCB
    83—58,
    March
    7,
    1985.
    86~401
    —2—
    The
    Board
    directs the parties
    to examine these cases and the
    concerns articulated therein,
    and
    to file with the Board not
    later
    than
    December
    13, their preferences
    as
    to the disposition
    of
    this
    case.
    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
    ~‘21-day
    of
    ~
    1985 by
    a vote of
    7~)
    ~
    ~)orothyM. G~inn, Clerk
    Illinois Pollution Control Board
    66
    ~

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