ILLINOIS POLLUTION CONTROL
    BOARD
    March 31, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 92—164
    )
    (Enforcement)
    )
    BERNIECE
    KERSHAW
    and
    DARWIN
    )
    DALE
    KERSHAW
    d/b/a
    KERSHAW
    )
    MOBILE HOME PARX,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    Pursuant to the Board’s February 17,
    1994 order, on March
    18,
    1994 the parties filed a joint status report.
    The report
    states that since the filing of the last status report on
    February 4,
    1994, the parties’ efforts to reach an agreement on
    the issue of a civil penalty have failed.
    They believe that at
    this point, there is no alternative but to submit the issue to
    the Board for its determination.
    The parties report that they are now in the process of
    developing a framework by which they can introduce materials
    relevant to the penalty determination, and for submitting written
    legal argument as to how the factual matters affect the penalty
    under the Environmental Protection Act.
    The parties further
    state that.theyare making every effort to narrow the issues and
    to avoid,
    if possible, the necessity of a hearing.
    The Board observes that the parties appear to have lost
    sight of the posture in which the case now appears on the Board’s
    docket.
    In its August 26,
    1993 order responding to the Kershaws’
    May 12,
    1993 motion for reconsideration, the Board specifically
    stated that it was unpersuaded that its April
    8, 1993 order
    “should be modified in any way”.
    The Board then reaffirmed the
    portion of the order which made a finding of violations.
    Noting
    that the “law favor settlements’t, the Board agreed to reserve
    ruling on the balance of the order (including the $250,000
    penalty)
    to accede to the parties’ request for an opportunity to
    negotiate penalty and compliance terms.
    The Board accordingly reminds the parties that we have
    already adjudicated this controversy.
    The parties have had close
    to a year to negotiate an alternative resolution of this case.
    We are unclear as to why the parties now believe that a hearing
    would be held in this case,
    or why they believe it appropriate to
    2
    develop a “framework by which they can introduce materials
    relevant to the penalty determination”.
    The parties are directed to file,
    on or before April 29,
    1994, any stipulation and proposal for settlement which they may
    reach.
    The Board presently anticipates making its final decision
    on the Kershaws’ May 12,
    1993 motion for reconsideration at the
    Board’s May 5, 1994 meeting.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby c
    ify th t the above order was adopted on
    the
    ____
    of
    /
    ~~1
    ,
    1994, by a vote of
    .-5~
    Dorothy M. ,~‘~inn,Clerk
    Illinois P~3/LutionControl Board

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