ILLINOIS POLLUTION CONTROL
    BOARD
    March
    8, 1984
    DUPAGE
    COUNTY HEALTH DEPARTMENT,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 83-126
    )
    MOUNT
    CALVARY CHURCH OF
    GOD
    )
    IN CHRIST,
    )
    Respondent.
    INTERIM
    ORDER
    OF THE
    BOARD
    (by J. Theodore
    Meyer):
    On January 18, 1984 the Board received a Stipulation signed
    by both parties in this matter.
    To date, no hearing has been
    scheduled or held.
    Section 31(b) of the Environmental Protection
    Act
    (Ill.
    Rev. Stat. 1981,
    ch. 111½, par. 1031(b)
    mandates that
    the
    Board
    schedule public hearings in enforcement cases.
    Based
    on this, Part 103 of the Board’s procedural rules provides that a
    hearing be scheduled and held, even if the parties wish to settle.
    Specifically, Subpart E of that Part sets out the procedures for
    settling a case pending before the Board.
    The
    parties in this case are ordered to proceed to a hearing
    scheduled by the Hearing Officer.
    At such hearing, the parties
    arc free to present a stipulation.
    However, such an agreement
    must be in accordance with Sections 9 and 10 of the Act, and Part
    237:
    (~enBurning of the Board’s rules.
    As the Stipulation
    is
    currently written, it appears that the Respondent would be allowed
    to act in contravention of Section 237.120 and Section 237.102.
    The Board cautions the parties that a Stipulation so framed would
    be unacceptable.
    IT IS SO ORDERED.
    I, Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Contro~Board hereby certify that the above Order
    was
    adopted on
    the
    8
    day of_________________
    1984 by a vote of
    C r stan L.
    ett, C er
    Illinois Pollut on Control Board
    57-19

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