ILLINOIS POLLUTION CONTROL BOARD
    November 30,
    1978
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 77—287
    INDUSTRIAL COATING INC.,
    )
    Respondent.
    MR. DEAN HANSELL, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF COMPLAINANT:
    MR. JAMES
    G. O’DONOHUE APPEARED ON BEHALF OF RESPONDENT.
    INTERIM ORDER OF THE BOARD
    (by Mr. Dumelle):
    The Complaint in
    this case
    alleges that Respondent violated
    Rule 103(b) (2)
    of the Board’s Air Pollution Control Regulations by
    conducting a protective coating operation without an operating per-
    mit.
    A hearing was held on October 13,
    1978 at the Board’s Chicago
    office.
    No members of the public were present.
    At the hearing the parties offered a Stipulation and Proposal
    for Settlement to resolve this case.
    The stipulation recites the
    history of discovery and states that Respondent’s used less than
    5000 gallons of paint per year.
    Consequently, Respondent does not
    need an operating permit for its painting operations.
    Since there
    was some delay
    in responding to Complainant’s discovery requests to
    substantiate this exemption,
    Respondent agrees to compensate Com-
    plainant for costs incurred in compelling this discovery.
    Although
    not alleged in the Complaint, Respondent admits to a violation of
    Rule 103 of the Board’s Air Pollution Control Regulations
    for
    failure to obtain an operating permit for its sand blasting operation.
    In settlement, Respondent proposes to pay $90.00 to
    Complainant as costs and to initiate a compliance program.
    The Board finds that the Stipulation and Proposal for
    Settlement
    is inadequate.
    It does not support the allegations
    of the Complaint.
    It would be inappropriate for the Board
    to
    base its final Order
    in this case on a violation which was never
    alleged.
    Consequently, this case
    is hereby remanded to the parties
    and the Hearing Officer
    for the development of a record which
    is more internally consistent.
    IT IS SO ORDERED.
    32—145
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Order was adopted on
    the
    3c~’
    day of
    ~
    ,
    1978 by a vote
    of
    ~
    Christan L. Mof
    Clerk
    Illinois Polluti?n Control Board
    32—146

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