ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1994
    LAKE
    COUNTY
    FOREST
    PRESERVE DISTRICT,
    Complainant,
    V.
    )
    PCB 92—80
    (Enforcement)
    NEIL OSTRO,
    JANET
    OSTRO,
    and BIG FOOT ENTERPRISES,
    Respondents.
    ORDER OF THE BOARD
    (by 3. Theodore Meyer):
    This matter is before the Board on a joint motion for
    clarification and extension of time,
    filed by complainant Lake
    County Forest Preserve District (District)
    and respondents Neil
    Ostro, Janet Ostro, and Big Foot Enterprises
    (collectively,
    respondents) on June 20,
    1994.
    The parties seek clarification of
    the Board’s June 2,
    1994 opinion and order, which accepted the
    parties’ settlement agreement.
    The parties note that the Board’s June
    2 opinion and order
    stated that “(tjhe Board interprets the provision in the
    settlement agreement requiring that remediation of the property
    be done pursuant to applicable law to include approval of the
    remediation by the Illinois Environmental Protection Agency
    (Agency),
    including the securing of all necessary permits from
    the Agency.”
    (June
    2,
    1994 opinion at page 2.)
    The parties now
    state that tests of both the water and the stockpiled soil have
    not revealed any contamination.
    (See motion, Exh. C and D.)
    The
    parties recognize that it is the language of the order that has
    binding effect on the parties, but ask that the Board clarify the
    quoted language from the June 2 opinion to read:
    The Board interprets the provision in the Settlement
    Agreement that remediation of the property be done
    pursuant to applicable law to include approval of the
    remediation by the Illinois Environmental Protection
    Agency
    (Agency) and the securing of all necessary
    permits from the Agency, only to the extent necessary
    such approval and permits are required under applicable
    law.
    The parties submit that this clarification would allow the
    parties to proceed to complete the remediation and finally
    resolve this matter.
    Finally, the parties ask that the Board
    grant respondents 14 days after the Board’s ruling on this motion
    2
    to comply with paragraph 2 of the June
    2 order’.
    The joint motion for clarification is granted.
    The first
    paragraph of page two of the June 2 opinion is revised to read:
    The joint motion is granted.
    The Board has reviewed
    the settlement agreement, and finds it acceptable.
    The
    Board interprets the provision in the settlement
    agreement requiring that remediation of the property be
    done pursuant to applicable law to include approval of
    the remediation by the Illinois Environmental
    Protection Agency
    (Agency)and the securing of all
    necessary permits from the Agency, only to the extent
    such approval and permits are required under applicable
    law.
    Additionally, respondents have 14 days from the date of this
    order to comply with paragraph 2 of our June 2 order, weather and
    site conditions permitting.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    t the above order was adopted on the
    -3
    “-~dayof
    .,
    1994, by a vote of
    ~
    Dorothy M. c~k1~n,Clerk
    Illinois PoX3&ltion Control Board
    1
    Paragraph 2 of the June
    2 order requires respondents to
    perform all necessary remediation within 14 days of that June 2
    order, or as soon thereafter as weather and site conditions
    permit.

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