ILLINOIS

POLLUTION

CONTROL

BOARD

June

10,

1982

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

PCB 81—143

RONALD WHEELER AND

ROBERT WHEELER,

)

individually, and

doing business as

)

WHEELER GARAGE AND

COAL HANDLING OPERATION,

)

)

Respondents.

ORDER OF THE BOARD

(by I.

Goodrnanh

On April

26,

1982 the parties filed a Proposed

Settlement

Agreement with the

Board.

Having received the record in this

matter,

the Board finds the terms

Of

the

Proposed Settlement

acceptable,

but for the

provision to deposit

the Stipulated

Penalty into the Environmental

Protection Trust

Fund as estab-

lished by P.A.

81—951.

The Board questions the statutory

authority to have

penalties imposed

by

the

Board paid into

this Trust Fund.

The

Proposed Settlement

Agreement is

re-

jected and returned to

the parties

for

further action.

IT IS SO ORDERED.

Chairman Dumelle

concurred,

I,

Christan L. Moffett,

Clerk of

the Illinois Pollution

Control Board, he eby certify that

the

above Order was ado ted on

the Jb4~ day of

~~_~______,

1982 by a vote of

______

~

Illinois Pollution

ntrol Board