ILLINOIS POLLUTION CONTROL BOARD
    July
    24,
    1980
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—137
    CITY OF SALEM,
    )
    Respondent.
    INTERIM ORDER OF THE
    BOARD
    (by J.
    Anderson):
    At a hearing held on March 14,
    1980, at which no members of
    the public were present,
    the parties to this action outlined a
    proposed stipulation and settlement agreement which they intended
    to later reduce to writing
    as required by Procedural Rule 331(a).
    The parties had not agreed upon an appropriate penalty at that
    time,
    and represented that they intended to submit briefs on this
    issue
    to the Board
    (R.
    3,5,7).
    However,
    the parties’ Statement of
    Stipulated Agreement,
    filed April
    9,
    1980 contains a proposed
    stipulated penalty of $2500.
    The Board rejects this Stipulated Agreement on two grounds.
    First,
    the Board disapproves of the procedure followed here of
    amending a significant and substantive provision of the settlement
    subsequent to hearing, contrary to Rule 331(b).
    An additional
    hearing should have been held.
    The obvious purpose of the rule
    is
    to give members of the public every opportunity to comment on these
    matters, whether or not they choose to attend.
    Second,
    an additional hearing on the penalty issue,
    or the
    briefs the parties originally proposed submitting to the Board,
    would have alleviated the Board’s other problem with this agreement.
    The record as
    it relates to the size of the stipulated penalty
    is
    insufficient to allow the Board to make an intelligent evaluation
    of this penalty.
    The record in this case shall be completed and closed no
    later than November
    7,
    1980.
    On or before that date,
    the tran-
    script from any hearing held on the penalty or any other disputed
    issue(s)
    in this action shall be filed with the Board.
    Should
    the parties choose to resubmit their stipulation and to leave the
    penalty
    issue to the Board’s discretion,
    briefs which shall include
    all pertinent mitigating and aggravating circumstances shall be
    simultaneously filed with the Board on or before November
    7.
    2
    IT IS
    SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify th t the above Interim Order w~
    adopted on the
    ~4/1~
    day
    of~~Ld~1
    1980 by a vote of
    0
    Christan L. Moff
    Clerk
    Illinois Pollution
    ontrol Board

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