ILLINOIS POLLUTION CONTROL BOARD
    March 27, 1986
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 82-144
    CITY OF GALENA,
    )
    )
    Respondent.
    )
    INTERIM ORDER OF THE BOARD (by J. D. Dumelle);
    By Order dated February 20, 1985, the Board rejected a
    stipulation and proposal for settlement of this matter filed by
    the parties on September 17, 1984. The basis for the rejection
    was that a majority of the board concluded that it lacked the
    authority to accept settlements which include neither an
    admission of violation or the stipulation of facts sufficient to
    form the basis of a finding of violation. That issue has since
    been litigated and both appellate courts which considered it
    concluded that the Board does, in fact, have the power to accept
    stipulations absent a finding or admission of violation. (People
    v. Archer Daniels Midland, No. 3-85-0222 and 3-85-0224, 3d Dist.
    1986; and Chemetco v. IPCB and IEPA, No. 5-85-0143, Fifth Dist.
    1986).
    Therefore, the Board may now be able to accept the
    settlement. However, that settlement is 18 months old and the
    parties may no longer desire the Board to consider it.
    Therefore, the Board will allow the parties 45 days from the date
    of this Order to take whatever action they deem appropriate to
    reach an expeditious conclusion in this matter. If no such
    action is taken, 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 Interim Order was adopted on
    the c~7~ day of ~7’~1,
    ,
    1986 by a vote of
    7—o
    Dorothy M. G~unn, Clerk
    Illinois Pollution Control Board

    Back to top