ILLINOIS POLLUTION CONTROL BOARD
    August
    6,
    1987
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    vs
    )
    PCB
    66—167
    THE STEEL COMPANY,
    )
    Respondent.
    ORDER OF
    THE BOARD
    (by
    3.
    Anderson):
    The nine count complaint
    in this case alleges various
    violations
    of
    the Board’s RCRA regulations.
    On July 21~ 1987,
    the parties filed
    a proposed stipulation which was presented at
    a
    hearing held tne
    same day.
    The proposed stipulation provides
    that the Company neither admits nor denies the violations,
    that
    the Company will make
    a stipulated payment
    of $2500
    into the
    Environmental Trust Fund and that the Company will undertake
    a
    seven point compliance
    program.
    However,
    the stipulation contains
    no dates
    by which
    the
    Company will complete the various proposed compliance actions.
    were the Board
    to adopt
    an Order
    accepting this stipulation,
    its
    provisions would
    be virtually unenforceable.
    Additionally,
    the
    Board notes
    that there
    is
    no admission of violation,
    and the
    stipulation appears
    to
    be written
    to preclude such findings by
    the Board.
    See
    also R.4.
    As the record does not support
    a
    finding
    of violation,
    the Board cannot issue an
    Interim Order
    triggering the public
    notice and comment procedures
    of
    35
    111
    Adm. Code Chapter
    1,
    Subpart
    I:
    Decision In Cases Involving RCRA
    Permits, Section 103.260—103.268.
    However,
    the parties should
    refer
    to Section 103.264(b)(1)(D)
    “Stipulated Draft Remedy”,
    which
    requires
    “a compliance plan,
    including
    a time schedule
    to
    assure compliance with regulations
    in the shortest possible
    time”.
    Within
    45 days
    of the date of
    this Order,
    the parties are
    directed
    to file
    a revised stipulation which contains dates for
    accomplishment of the proposed compliance activities.
    If
    a
    revised stipulation
    is not timely
    filed,
    this action will be set
    for hearing
    on the merits.
    IT
    IS SO ORDERED.
    80—83
    —-)—
    I,
    Dorothy
    M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certjf~that the above Order was adopted on
    the
    ~
    day of
    ‘-~)
    ,
    1987,
    by
    a vote of
    ~C’
    Dorothy
    M.
    G’Unn,
    Clerk
    Illinois Pollution Control Board
    80—84

    Back to top