ILLINOIS POLLUTION CONTROL BOARI)

September

26,

1972

GAF CORPORATION

v.

)

#

71—11

ENVIRONMENTAL PROTECTION AGENCY

ORDER

For reasons

to be given in a subsequent opinion, the

Board hereby approves and adopts as its order the follow-

ing settlement agreement submitted by both parties.

Mr. Dumelle dissents.

SETTLEMENT AGREEMENT

This Settlement Agreement

is entered into

by

GAF

CORPORATION,

a Delaware corporation,

(hereinafter

referred

to as “GAF~) and the ENVIRONMENTAL PROTECTION AGENCY OF THE

STATE OF ILLINOIS (hereinafter referred to

as

the uEPA~)

WHEREAS, on April

19,

1971,

the Illinois Pollution

Control Board entered an order

granting

GAF

a variance as

defined in the Illinois Environmental Protection J~ctto

June 19,

1971 at

its

Joliet, Illinois location and as

a

part of said order attached certain conditions

thereto;

WHEREAS,

GAF,

in accordance with the statute in such

cases made and provided,

filed an appeal from the said order

of April

19,

1971,

with the Illinois Appellate Court, Third

District,

Case Number 71-65, and where said appeal

is

still

pending;

WHEREAS,

GAF

is now in compliance with the provisions

of the Illinois Environmental Protection Act and the rogu-

lations in force thereunder,

as they pertain

to

the matters

in controversy in the above entitled cause;

WHEREAS,

the parties hereto now desire

to compromise

and settle all claims and matters arising

out

of

and Form-

ing a part of the above entitled cause and the

appeal

aris-

ing therefrom;

and

NOW,

ThEREFORE,

in consideration of the

promises

and

the following covenants and

agreements

the

parties

hereto

do each

hereby

compromise and settle

all

disputes

and matters

and

do

further

remise,

release

and

ferever

discharge

the

---

cji’r

from

~ ~

anc~c11

c

ains

dcsands,

ac

icns

and

c

uses

or

action

o

w..at~vnrkind

anC

cnaracter

known

or

unknown

wi

c

e

thor

part~may

now

navc.

or

hereafter

have

growing

Ott

Oa

or

conr.ected

in

anyway

wi

-h

thc

matters

and

things

set

ortt

n

the

anove

enti~le

cause

and

thc

appcal

there-

from

on

tnc.

o.

nin~ basis.

GM’

will

dismiss

with

pre

udice

its

appeal

pendina

in

tb.

Illinois

Appellate

Courc

Third

District

Case

Number

71-65.

2

GAP

will

pay

the

State

of

Illinois

the

sum

of

T~T

‘11 )L’~~AND($50,000.00)

oo:~aRs.

3.

A condition

of

this

S’ttlcment

Acreement

is

that

-

thc.

arties

herotr

do

not

cnter

into

or

execute

2

Scttaoment

Agreomert

n

th

casc.

of

“ENViRONMENTAl

“ROTFC’I ION

Afl.NCY

01

P

IF.

Si

N

1

OF

ITLINOIS,

COMPshINAIIL

vs

Thi’

CORPORAl

flN

rormer 1 y

C mer.

An.; 1 inc

&

PiTh

Corporation,

J)c.iaw-ire

Corporattor,

RESPONDflN~

Cisc

Numoer

72—50,

nob

‘cn

its.

b ~f no

the

Pollutio:

Con~.ro~soird

d.os

no~

dppr)v

ant

onUs

an

oruct

~onsutort

eith

thc

to—n.

o

silt1

Sottlement

Arree—

mar

in

Cisc

Number

72~~’

~r

car

does

~ict

dismiss

its

av,.Jool

and

pay

S50

0

.00

-s

se..

flr-h

in

~.r

‘T’

-.

a

‘U

t..i...

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