ILLINOIS POLLUTION CONTROL BOARD
April 8, 1976
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 75—437
ELGIN SALVAGE & SUPPLY CO., INC.,
Respondent.
INTERIM ORDER OF THE BOARD (by Mr. Zeitlin):
The Stipulation and Proposal for Settlement in this matter,
filed February 9, 1976, is deficient in that it fails to adequately
address the allegations of the Complaint. The Complaint alleges
specific violations of Rules 103(b) (1) and 103(b) (2) of Chapter 2:
Air Pollution, of the Board’s Rules and Regulations. The Stipula-
tion and Proposal for Settlement, however, does not address itself
sufficiently to whether any equipment or facilities operated by
Respondent may constitute existing or new emission sources; instead,
somewhat vague terminology would require that we speculate on that
issue or, in the alternative, dismiss those allegations. The
terminology used in the Stipulation and Proposal for Settlement is
not consistent with that in the Complaint.
The Stipulation and Proposal for Settlement must, therefore,
be rejected and returned to the parties for clarification on the
above issues. No further hearing need be held concerning resub—
mission of a new Stipulation and Proposal for Settlement if such
document is filed within 30 days of the date of this Order. Should
no new Stipulation and Proposal for Settlement be filed within 30
days of the date of this Order, the Hearing Officer will set this
matter for hearing within 45 days of the date of this Order.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Bo~rd, hereby certify the above Interim Order was adopted
on the ~ ~ day of
~
1976, by a vote of
__________
Illinois Pollution
21
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