ILLINOIS POLLUTION CONTROL BOARD
    June 22, 1989
    NORTHERN ILLINOIS
    )
    ANGLERS’
    ASSOCIATION,
    )
    an Illinois Corporation,
    )
    Complainant,
    v.
    )
    PCB 88—183
    CITY OF KANK~KEE,
    a Municipal Corporation,
    Respondent.
    JACK
    R.
    BEAUPRE APPEARED OW BEHALF OF THE COMPL?\INANT.
    GARY L.
    BROWN APPEARED ON BEHALF
    OF THE RESPONDENT.
    ORDER OF THE BOARD
    (by J.
    Marlin):
    On May 15, 1989
    a hearing was held
    in this matter in
    Kankakee.
    At hearing,
    the parties entered
    into the
    record
    a
    signed Proposed Agreement and Stipulation
    (Stipulation).
    The
    Stipulation presents
    an agreed settlement
    of this action,
    and
    the
    parties have requested that the Board approve the Stipulation.
    (R.
    3).
    As
    terms of the stipulation
    the City of Kankakee
    (Kankakee)
    has agreed
    to pay $5000
    into a trust
    fund which
    is
    to be
    established
    by the Northern
    Illinois Anglers’ Association
    (NIAA)
    and called the Kankakee River Protection Trust
    Fund.
    Evidently,
    the trust
    fund
    is
    to
    he
    used
    to establish
    an alternate fishery or
    for
    the enhancement
    of
    the
    Kankakee River.
    According
    to tne
    Stipulation, Kankakee must also pay
    an
    additional
    $10,500
    to the
    Kankakee River Protection Trust Fund
    to reimburse NIAA for
    its
    costs
    relating
    to this matter.
    Pursuant to
    the Illinois Environmental Protection Act the
    Board may only issue penalties which
    are
    to
    be paid
    to either the
    State’s General Revenue
    Fund
    or the State’s Environmental
    Protection Trust
    Fund.
    Additionally,
    the Board may only award
    costs
    in
    an enforcement case where either the Attorney General
    or
    State’s
    ~ttorney
    has prevailed.
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    1111/2,
    par.
    1042.
    Consequently,
    the Board
    cannot adopt,
    as
    its own
    Order,
    the Stipulation presented
    by the parties.
    This,
    though,
    does not preclude the parties
    from carrying out the
    terms of the
    Stipulation
    on their own.
    The Stipulation certainly appears to
    resolve all controversies between
    the parties.
    Given these circumstances,
    the Board construes
    the
    Stipulation
    as
    a joint motion
    to dismiss without prejudice.
    The
    100—225
    2
    motion
    is granted, and this matter
    is dismissed without
    prejudice.
    If
    today’s
    Order
    frustrates
    the
    parties’
    intentions
    they
    are
    free
    to file a
    motion for reconsideration
    of this Order.
    Section 41
    of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1987
    ch.
    1111/2
    par.
    1041,
    provides for appeal of final
    Orders
    of
    the
    Board
    within
    35
    days.
    The
    Rules
    of
    the
    Supreme
    Court of Illinois establish filing requirements.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    th
    t
    the
    above
    Order
    was
    adopted
    on
    the
    ?~‘~‘dayof
    ________________,
    1989,
    by
    a vote
    of
    (
    .
    /7
    Lborothy
    M.
    ~
    Clerk~
    Illinois
    Po~~ution Control
    Board
    100—226

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