ILLINOIS POLLUTION CONTROL BOARD
    June 2,
    1994
    LAKE
    COUNTY FOREST
    )
    PRESERVE DISTRICT,
    )
    Complainant,
    v.
    )
    PCB 92-80
    )
    (Enforcement)
    NEIL OSTRO,
    JANET
    OSTRO,
    )
    and BIG FOOT ENTERPRISES,
    )
    )
    Respondents.
    )
    OPINION
    AND
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This
    matter is before the Board on a joint motion for
    acceptance of settlement agreement and entry of final order,
    filed by complainant Lake County Forest Preserve District
    (District)
    and respondents Neil Ostro, Janet Ostro, and Big Foot
    Enterprises (collectively, respondents)
    on May 27, 1994.
    The
    parties note that on March 31,
    1994, the Board entered an interim
    opinion and order finding the respondents in violation of
    Sections 21(a),
    (e),
    (f)(l), and
    (m)
    of the Environmental
    Protection Act (Act).
    (415 ILCS 5/21(a),
    (e),
    (f)(1), and
    (in)
    (1992).)
    The Board ordered respondents to provide for further
    investigation, and any necessary remediation, of the property at
    the northwest corner of Sunshine Avenue and Route 45 in Lake
    Villa,
    Illinois.
    The Board also ordered that
    a further hearing
    be held on the issues of the amount and reasonableness of the
    District’s costs in performing clean up at the property, and any
    other information necessary for the Board to award clean up costs
    and impose civil penalties.
    The parties have subsequently negotiated and agreed to a
    settlement agreement and mutual release, attached to the motion
    as Exhibit A.
    The parties state that the settlement agreement is
    designed to resolve the dispute between the parties, and to fully
    comply with the Board’s directives in the March 31,
    1994 opinion
    and order.
    The agreement provides that respondents shall, within
    14 days after the Board enters its final order, comply with the
    March 31 order by fully and completely remediating the property
    pursuant to applicable law and the specific directives set forth
    in Section
    5 and Exhibit D of the settlement agreement.
    The
    agreement also provides that the District will receive a lump sum
    payment of $117,500 in consideration of sums incurred in
    connection with the remediation of the property.
    The parties ask
    that the Board grant their joint motion, accept the settlement
    agreement, and enter
    a final order substantially the same as the
    proposed final order attached as Exhibit B to the motion.
    2
    The joint motion is granted.
    The Board has reviewed the
    settlement agreement,
    and finds
    it acceptable.
    The Board
    interprets the provision in the settlement agreement requiring
    that remediation of the property be done pursuant to applicable
    law to include approval of the remediation by the Illinois
    Environmental Protection Agency (Agency), including the securing
    of all necessary permits from the Agency.
    Finally, on May 20,
    1994,
    respondents filed a motion to
    vacate hearing date and enforce settlement agreement.!
    Based
    upon the subsequent filing of the joint motion, the May 20 motion
    is moot.
    This opinion, and the Board’s March 31,
    1994 opinion,
    constitute the Board’s findings of fact and conclusions of law in
    this matter.
    ORDER
    1)
    The Board hereby accepts the “Settlement Agreement and
    Mutual Release” executed by complainant Lake County
    Forest Preserve District (District)
    and respondents
    Neil Ostro, Janet Ostro, and Big Foot Enterprises
    (collectively, respondents)
    concerning the property
    located at the northwest corner of Sunshine Avenue and
    Route 45 in Lake Villa,
    Lake County, Illinois.
    The
    “Settlement Agreement and Mutual Release” are
    incorporated by reference as though fully set forth
    herein.
    2)
    Pursuant to the Board’s March 31,
    1994 interim opinion
    and order,
    respondents shall:
    a) further investigate
    the environmental condition of the stockpiled soil and
    of the excavation pit on the property, and b) perform
    all necessary remediation of the stockpiled soil and of
    the excavation pit in the manner prescribed in the
    “Settlement Agreement and Mutual Release” within 14
    days of the date of this order, or as soon thereafter
    as weather and site conditions permit.
    Respondents’
    remediation of the property shall be performed and
    conducted pursuant to all applicable laws.
    3)
    The District shall receive,
    in the manner provided in
    the “Settlement Agreement and Mutual Release”,
    a lump
    sum payment of $117,500 as compensation for remediation
    The “settlement agreement” referred to
    in that motion
    is apparently based on discussions between the parties
    in fall
    1993,
    and is not the same as
    the
    settlement agreement and mutual
    release
    which
    is the subject of
    the
    joint motion.
    3
    costs incurred by the District
    in connection with the
    reinediation of the property.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41
    (1992)) provides for the appeal of final Board orders within
    35 days of the date of service of this order.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    (See
    also 35 Ill.Adm.Code 101.246 “Motions for Reconsideration”.)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab9v~opinion and order was
    adopt~don the
    ~-~-~--
    day of
    ________________,
    1994, by a vote
    of
    ~-.
    7/
    ~.
    ‘i~orothyN. ~
    Clerk
    Illinois Po~tZutionControl Board

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