ILLINOIS POLLUTION CONTROL BOARD
    January it, 1974
    ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    v.
    )
    PCB 73—406
    ISRINGHAUSEN
    RXR
    SPECIALISTS,
    )
    INC.,
    )
    Respondent.
    Larry Eaton, Assistant Attorney General for the EPA
    Richard Shaikewitz, Attorney for the Respondent
    OPINION
    AND
    ORDER OF
    THE BOARD (by Mr. Henss)
    Complaint
    was filed on September 26, 1973 against
    Isringhausen RXR Specialists, Inc. alleging that Respondent
    was engaged in a salvage operation involving open burning
    in violation of Section 9(c) of the Environmental Protection
    Act and Rule 502(a) of Chapter 2, Part 5 of the Regulations
    of the Pollution Control Board. The alleged violation occurred
    on August 6 and 7, 1973 at Addieville, Illinois.
    When the matter was called for hearing Respondent admitted
    the violation. The parties entered into a stipulation and
    proposal for settlement which indicate that Respondent had
    salvaged five railroad box cars by open burning on the dates
    specified in the complaint.
    Both
    parties ask that an order be entered showing that
    Respondent violated
    Section 9(c) of the !Wt and Rule 502(a).
    They further agree that Respondent should be ordered
    to
    cease
    and desist from the foregoing violations, (a) by refraining
    from conducting salvaging operations except in strict accordance
    with the Illinois Environmental Protection Act or (b) by
    obtaining a variance from the Illinois Pollution Control Board
    prior to the conduct of such salvage operations. In addition
    Respondent agrees to pay a penalty in the amount of $1,000, but
    conditions this payment upon a finding by the Illinois Supreme
    10—871
    —2—
    Court that the Pollution Control Board has authority to
    impose monetary penalties. The parties desire to use an
    escrow arrangement for the $1,000, pending decision by the
    Illinois Supreme Court regarding our authority.
    We do not agree to the escrow arrangement or the condition
    specified in the stipulation regarding the time of the payment.
    We do not know when the Illinois Supreme Court might rule upon
    our mcnaitv powers and do not wish to create escrow accounts,
    especially where the time for payment of the penalty will he
    at some indefinite time in the future.
    The parties state that the stipulation shall be null and
    void if ~e do not accept the order as proposed by them. If
    that provision were not in the stipulation we would order
    payment of the $1,000 penalty within three months, but under
    the circumstances we have no alternative but to reject the
    settlement.
    ORDER
    The settlement stipulation is rejected and the matter
    shall be scheduled for hearing on the merits at an early
    date.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Or er was adopted
    this f~7~~dayof January, 1974 by a vote of
    .-~
    Christan L. Noffett1~lerk
    Illinois Pollution ‘~htro1 Board
    10—672

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