ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FOX VALLEY DRY WALL, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 02-162
    (UST Enforcement)
          
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 5, 2003, the People and Fox Valley Dry Wall, Inc. (Fox Valley) filed a
    stipulation and proposed settlement (Stip.), accompanied by a request for relief from the hearing
    requirement of Section 31(c)(1) of the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1)
    (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the terms of the proposed stipulation, Fox Valley
    admits the allegations in the complaint. Stip. at 5. In addition, Fox Valley agrees to pay a civil
    penalty of $8,000 to the Environmental Protection Trust Fund and to pay fees and costs in the
    amount of $2,000 to the Attorney General State Projects and Court Ordered Distribution Fund.
    Stip at 9-10.
     
    While the Board agrees that, “[a]s a matter of public policy the settlement of claims
    should be encouraged,” Rakowski v. Lucente, 104 Ill. 2d 317, 472 N.E.2d 791 (1984), a single
    element of the stipulation and proposed settlement raises a question. Although the Board has
    approved a proposed settlement including payment into this fund, People v. Clark Refining and
    Marketing, PCB 95-163 (Jan. 23, 1997), the Board is not aware of authority allowing it to order
    payment of costs and fees to the Attorney General State Projects and Court Ordered Distribution
    Fund.
    See, e.g.
    , 415 ILCS 5/42(f) (2002). Consequently, the Board requests the parties by
    March 8, 2004, to file with the Clerk clarification of authority on which the Board may rely in
    ordering payment of fees and costs to the specified fund.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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