ILLINOIS POLLUTION CONTROL BOARD

March 20, 1980

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

iF

V.

)

PCB 79~154

VILLAGE OF

WINSLOW,

an Illinois

municipal corporation,

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Werner):

The Board, after careful evaluation of the proposed settlement

agreement in light of Section 33(c) of the Illinois Environmental

Protection Act and Procedural Rule 331, finds all terms and conditions

of the Stipulation and Proposal for Settlement to be acceptable, with

the

exception

of the proposed $500.00 penalty.

Because of the Village of Winslow~s small size, poor financial

condition, and the large debt load incurred for a recently installed

sewerage system, the Board feels that the $500.00 penalty is too

high. Additionally, at the hearing, the Village President and Mayor,

Mr. Richard A~Miller, testified that such a penalty would be a

severe financial hardship and excessive burden on the Village. Since

Mr. Miller originally signed the Stipulation on behalf of the Village,

it appears questionable whether there was a true meeting of the minds

on the penalty issue,

Accordingly, the Board hereby rejects the Stipulation and

requests that the parties in this case submit, within 90 days, an

Amended Stipulation and Proposal for Settlement or proceed to hearing.

IT IS SO ORDERED,

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board, h~reby certify th t the above Interim Order was adopted on

the ~

day of

________________,

1980 by a vote of

__________

Illinois Poll