ILLINOIS POLLUTION CONTROL BOARD

May 22,

1986

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

V.

)

PCB 82—144

CITY OF GALENA,

Respondent.

INTERIM ORDER OF THE BOARD

(by J.

D. Dumelle):

The Board

in an Interim Order dated March 27,

1986, notified

the parties that

it may now be able

to accept

the stipulation and

proposal for settlement filed on September

17,

1984 since the

appellate courts concluded that the Board

has the authority

to

accept stipulations absent a finding or admission of violation.

(People

v.

Archer Daniels Midland, No. 3—85—0222 and 3—85—0224,

Third

Dist.

1986;

and Chemetco

v.

IPCB and IEPA,

No.

5—85—0143,

Fifth Dist. 1986).

On May

14,

1986,

the parties filed

a Joint

Motion to Vacate the Board’s previous Order dated February

20,

1985 which rejected the stipulation

and proposal for

settlement

and

to approve and enter

the

stipulation and proposal for

settlement as originally received on September 17,

1984.

The Board believes that approving the September,

1984

stipulation

and proposal for settlement as filed would be

inappropriate because the Board would be ordering the respondent

to perform acts

1 1/2 years

in the past.

The Board

finds

the

September, 1984 settlement agreement unacceptable and will

allow

the parties

45 days

in which

to file a revised and updated

stipulation and proposal for settlement.

If no such action is

taken, then this matter will

be subject

to dismissal.

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

_______________

day of

‘~2-Z_’-’~

,

1986 by

a vote

of

______________

Dorothy

M. dunn,

Clerk

Illinois Pollution Control Board