ILLINOIS POLLUTION CONTROL BOARD

March 11, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—385

MIDWEST METALS, INC.,

)

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Zeitlin):

Respondent Midwest Metals, Inc. ‘s Notion to Set Aside

Stipulation and Settlement Proposal, filed March 1, 1976, is

granted. Exhibit A of that motion, a letter to Respondent from

Complainant Environmental Protection Agency, indicates that

Respondent Midwest was induced to assent to the Stipulation and

Settlement Proposal in this case by an incorrect Agency represen-

tation that an operating permit for Midwest’s facility would be

forthcomin9.

This matter is remanded to the Hearing Officer for further

hearing on the merits of the Agencys complaint in this matter,

or for the acceptance of any further settlement proposal from the

parties, such hearing to be held within thirty (30) days of the

date of this Order.

IT IS SO ORDERED.

I, Christan L. Noffett, Clerk of the Illinois Pollution

Control Board, hereby certi y the above Interim Order was adopted

on the

//‘~“

day of

,

1976, by a vote of ~

C~ristan L. Moffett erk

Illinois Pollution trol Board