ILLINOIS POLLUTION CONTROL
BOARD
March 31, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB 92—164
)
(Enforcement)
)
BERNIECE
KERSHAW
and
DARWIN
)
DALE
KERSHAW
d/b/a
KERSHAW
)
MOBILE HOME PARX,
)
)
Respondents.
ORDER OF THE BOARD
(by G.
T. Girard):
Pursuant to the Board’s February 17,
1994 order, on March
18,
1994 the parties filed a joint status report.
The report
states that since the filing of the last status report on
February 4,
1994, the parties’ efforts to reach an agreement on
the issue of a civil penalty have failed.
They believe that at
this point, there is no alternative but to submit the issue to
the Board for its determination.
The parties report that they are now in the process of
developing a framework by which they can introduce materials
relevant to the penalty determination, and for submitting written
legal argument as to how the factual matters affect the penalty
under the Environmental Protection Act.
The parties further
state that.theyare making every effort to narrow the issues and
to avoid,
if possible, the necessity of a hearing.
The Board observes that the parties appear to have lost
sight of the posture in which the case now appears on the Board’s
docket.
In its August 26,
1993 order responding to the Kershaws’
May 12,
1993 motion for reconsideration, the Board specifically
stated that it was unpersuaded that its April
8, 1993 order
“should be modified in any way”.
The Board then reaffirmed the
portion of the order which made a finding of violations.
Noting
that the “law favor settlements’t, the Board agreed to reserve
ruling on the balance of the order (including the $250,000
penalty)
to accede to the parties’ request for an opportunity to
negotiate penalty and compliance terms.
The Board accordingly reminds the parties that we have
already adjudicated this controversy.
The parties have had close
to a year to negotiate an alternative resolution of this case.
We are unclear as to why the parties now believe that a hearing
would be held in this case,
or why they believe it appropriate to
2
develop a “framework by which they can introduce materials
relevant to the penalty determination”.
The parties are directed to file,
on or before April 29,
1994, any stipulation and proposal for settlement which they may
reach.
The Board presently anticipates making its final decision
on the Kershaws’ May 12,
1993 motion for reconsideration at the
Board’s May 5, 1994 meeting.
IT IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby c
ify th t the above order was adopted on
the
____
of
/
~~1
,
1994, by a vote of
.-5~
Dorothy M. ,~‘~inn,Clerk
Illinois P~3/LutionControl Board