ILLINOIS POLLUTION CONTROL BOARD
    August 9, 2001
     
     
    STEPHEN M. LARDNER,
     
     
    Complainant,
     
     
    v.
     
    DOMINICK'S FINER FOODS, INC., THE
    LANDOWNER OF LONGMEADOW
    COMMONS, WASTE MANAGEMENT,
    MUNDELEIN DISPOSAL, and ONYX
    WASTE SERVICES, INC. f/k/a BFI,
     
     
    Respondents.
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    PCB 00-92
    (Enforcement – Noise, Citizens)
     
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
     
    On May 23, 2001, complainant Stephen Lardner, filed motions to voluntarily dismiss
    respondents, Mundelein Disposal, Inc. (Mundelein Disposal), Waste Management, Inc. (Waste
    Management), and Onyx Waste Services, Inc.
    1
    (Onyx), from this noise case. On the same date,
    Lardner filed corresponding motions to accept joint stipulations and proposed settlements with
    Mundelein Disposal and Waste Management. The Board grants the motion to dismiss Onyx, but denies
    the remaining motions for the reasons below.
     
    This is complainant’s second request to the Board to accept of a proposed stipulation and
    proposal for settlement, which has not been presented at hearing. On January 17, 2001, complainant
    and Mundelein Disposal filed a stipulation and proposal for settlement with the Board. On February 15,
    2001, the Board adopted an order that did not accept the stipulation and proposed settlement. In
    addition to discussing service deficiencies, the Board explained that it would not accept a stipulation and
    proposal for settlement, which had not been presented at hearing. The Board left the parties free to re-
    present their stipulation at hearing. Lardner v. Dominick’s Finer Foods
    et. al
    . (February 15, 2001),
    PCB 00-92, slip op. at 2.
     
    DISCUSSION
     
    The Board first discusses why it does not accept the stipulations and proposed settlements
    between Lardner and respondents, Mundelein Disposal and Waste Management. The Board then
    addresses the two corresponding motions to dismiss Mundelein Disposal and Waste Management from
    1
    The Board notes that on May 8, 2000, counsel for Onyx filed an appearance, which stated that the
    company was formerly known as BFI Waukegan Hauling Company.
     
    2
    this proceeding.
     
    Stipulations and Proposed Settlements
     
    As the Board advised these parties in its February 15, 2001 order, the Board does not enter
    orders accepting stipulations and proposals for settlement in citizen’s enforcement cases unless they
    have been presented at hearing. See Lardner (February 15, 2001), PCB 00-92, slip op. at 2. If the
    parties want the Board to accept and enter their settlement agreements into a Board order, they must
    present their joint stipulations and proposals for settlement at hearing.
     
    The Board’s recent opinion and order that amended its procedural rules directly addressed this
    issue. The Board’s final opinion stated that:
     
    The Act does not address settlement of citizen enforcement actions. Accordingly, the
    Board will hold a hearing when parties to a citizen enforcement action ask the Board to
    approve the terms of a proposed settlement. If the parties do not desire a hearing on
    the proposed settlement, they may file a motion to dismiss the case. Revision of the
    Board’s Procedural Rules: 35 Ill. Adm. Code 101-130
    (December 21, 2000), R00-20, slip op at 11; see also,
    e.g.
    Corning v. Thurela’s
    (August 15, 1996), PCB 96-69, slip op. at 1-2 (“the parties must present the proposed
    stipulation and settlement at hearing and allow for interested persons to comment”).
     
     
    Motions to Dismiss Mundelein Disposal and Waste Management
     
    On May 23, 2001, Lardner filed motions to dismiss Onyx, Mundelein Disposal, and Waste
    Management from this case. The Board grants the motion to dismiss Onyx, but denies the other two
    motions because they were filed in conjunction with the rejected joint stipulations and proposed
    settlements with these parties.
     
    CONCLUSION
     
    In summary, the Board grants the motion to voluntarily dismiss Onyx. The case caption in future
    orders will reflect this dismissal. The Board denies the motions to dismiss Mundelein Disposal and
    Waste Management, which appear to be linked to the rejected accompanying joint stipulations and
    proposed settlements.
     
    As there appears to be some continuing procedural confusion in this case, the Board’s hearing
    officer will contact the parties in the near future to discuss the direction of any future proceedings in this
    matter, and to schedule any necessary hearing. In the meantime, the Board reiterates that if the parties
    want the substance of the proposed stipulation and settlement agreements to be incorporated into a
    Board order, they must re-present the stipulation at hearing. However, if the parties do not wish the
    substance of the proposed stipulation and settlement agreements to be incorporated into a Board order,
    they may enter into a private agreement. The substance of the agreement would not be presented to, or
     
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    considered by the Board, and the complainant would file a simple motion to withdraw the complaint.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 9th day of August 2001 by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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