ILLINOIS POLLUTION CONTROL BOARD
    January
    5,
    1989
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCB 86-104
    SOURS GRAIN COMPANY,
    an
    Illinois
    )
    Corporation,
    )
    Respondent.
    JAMES L.
    MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    COMPLAINANT;
    ROY
    M.
    HARSOM, OF GARDNER, CARTON
    & DOUGLAS, APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by R.
    C. Flemal):
    This matter comes before the Board upon
    a three—count complaint filed
    July 16,
    1986.
    Hearing was held November 29,
    1988,
    at which time
    a signed
    Stipulation and Proposal
    for Settlement (“Stipulation~)was submitted by the
    parties for acceptance by the Board.
    On December
    15,
    1988, the Board noted
    certain inconsistencies within the
    Stipulation and by interim Order,
    asked the parties
    to correct the
    inconsistencies
    and to clarify the parties’
    intent regarding the Board’s
    future
    role.
    Sours
    Grain Company (“Sours’) filed
    a document entitled Joint
    Response to Board Order and
    proposed language changes to correct the
    inconsistencies.
    Sours further proposed certain
    alterations of
    paragraph B?
    of
    the force majeure clause, deleting language which would have required the
    Board
    to leave the docket open and adding language allowing the Board to
    remain the entity
    to
    resolve any possible future disputes.
    Sours states
    that
    the
    complainant
    has
    authorized
    counsel
    for
    Sours
    to
    represent
    its
    concurrence
    in
    this
    response.
    The
    Stipulation
    as
    amended
    by
    the
    Joint
    Response
    to
    Board
    Order
    addresses
    the
    facts
    and
    proposed
    terms
    for
    settlement
    in
    this
    matter.
    The
    Board
    has
    considered
    all
    the
    facts,
    circumstances,
    and
    the
    proposed
    settlement
    in
    light
    of
    the
    criteria
    set
    forth
    at
    Ill.
    Rev.
    Stat.
    ch.
    11~1/2oar.
    1033(c)
    and
    finds
    the Stipulation acceptable under
    35
    Ill.
    Adri.
    Code
    103.180.
    This Opinion constitutes the Board’s
    findings of
    fact and conclusions of
    law
    in this matter.
    ORDER
    The Board hereby accepts the Stipulation and Proposal for Settlement
    as
    amended and dismisses this docket.
    95—13
    —2-
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby
    certify that the above Opinion and Order was adopted
    on the
    St’-
    day
    ______________
    vote of
    70
    of
    ~,
    1989, by
    a
    ___________.
    Clerk
    Doro
    Illinois Pollution Control
    Board
    95—14

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