ILLINOIS POLLUTION CONTROL BOARD

August

9, 1979

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 78-132

VILLAGE OF MILLSTADT,

a municipal

corporation, and TESTING,

ANALYSIS

& CONTROL, INC.,

an Illinois corporation,

)

Respondents.

INTERIM ORDER OF THE BOARD

(by Mr. Werner):

The Board, after careful evaluation of the proposed settlement

agreement in light of Section 33(c)

of the Illinois Environmental

Protection Act and Procedural Rule 331,

finds all terms and

conditions of the Stipulation and Proposal for Settlement to be

acceptable, with the exception of the proposed “suspended” penalty.

The Board does not favor the concept of “suspended” penalties.

(See:

EPA v. Village of Ridgway, PCB 79-3, Interim Orders of June

22,

1979 aiiTJuly 26,

1979; EPA v.

Sundale Sewer Corporation, PCB 78-88

and PCB 78-225 Consolidated, Interim Order of July 12, 1979;

and

Dissenting Opinion of Chairman Jacob D.

Dumelle on April 26,

1979 in

EPA v. Cit~of Georgetown,

PCB 78-127).

A “suspended” penalty is entirely prospective in nature and

implies

a penalty for hypothetical violations which may,

or may not,

occur at some future date.

The original Stipulation, agreed to by

both parties, provided for a penalty in the case of any future

violations, but set no penalty for past violations.

Accordingly,

the Board,

on its own motion, hereby requests that the parties

in

this case submit, within

60 days,

an Amended Stipulation and

Proposal for Settlement.

IT IS SO ORDERED.

Mr. Young dissents.

I, Christan L.

Moffett, Clerk of the Illinois Pollution Control

Board, h~3rebycertify that the above Interim Order was adopted on

the ________day of

________________,

1979 by a vote of

3_I

Christan L. Moffet yjF~rk

Illinois Pollution ~fr~ro1

Board

35—165