ELLINOIS POLLUTION CONTROL BOARD
    July 30,
    1992
    DAVID L.
    DRAVIS and
    )
    MARGO DRAVIS,
    -
    )
    Complainant,
    PCB 90—201
    v.
    )
    (Enforcement)
    M
    & D AG, JERRY MCGINN and
    )
    BERT DAVIS,
    )
    Respondent.
    WILLIAM R.
    SHIRi~APPEARED ON BEHALF OF THE COMPLAINANT.
    WILLIAM A. BURCH APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by G.
    T.
    Girard):
    On May 8,
    1992,
    David and Margo Dravis filed a complaint
    with the Illinois Po1luti•~nControl Board
    (Board)
    alleging that
    the respondents had violated Section 23 of the Illinois
    Environmental Protection Act.
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1023.)
    On April 29,
    1992,
    a hearing was held in Morrison, Whiteside
    County,
    Illinois.
    At that hearing an agreement which had been
    signed by the parties was submitted.
    The agreement is a
    “resolution of all of the matters noted in the complaint and it
    is a written signed settlement agreement”.
    (Tr. at 3.)
    The
    parties jointly ask that the Board accept the agreement and make
    the terms and conditions of the agreement part of a Board Order.
    (Tr. at 3.)
    The agreement states that the parties “have conferred and
    reached a mutual agreement concerning all issues alleged in the
    complaint”.
    (Exhibit 1, at 1.)
    The agreement then sets forth
    several steps that the respondent will take to alleviate any
    potential noise emissions~beyond the boundaries of respondent’s
    property.
    However,
    the agreement does not set forth a fine to be
    paid by the respondent.
    The Board finds the Settlement Agreement acceptable under 35
    Ill. Adm. Code 103.180.
    This settlement in no way affects
    respondent’s responsibility to comply with any federal, state or
    local regulations,
    including but not limited to the Act and the
    Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    0135-0123
    ORDER
    The Board hereby accepts the settlement agreement signed by
    all parties.
    The settlement agreement is incorporated by
    reference as though fully set forth herein.
    IT IS SO ORDERED
    Section 41 of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111 1/2,
    par.
    1041)
    provide for the appeal of
    final orders of the board within 35 days.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    (But
    see also
    35 Ill.
    Adin.
    Code 101.246, Motions for Reconsideration,
    and Castenada v.
    Illinois Human Rights Commission
    (1989),
    132
    I1l.2d 304,
    547 N.E.2d 437).
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the a ove opinion and order was
    adopted on the
    ~
    day of
    ,
    1992,
    by a vote1of
    Dorothy M. G~n, Clerk
    Illinois P0
    ution Control Board
    0135-0J2~

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