ILLINOIS POLLUTION CONTROL BOARD
    October 10,
    1991
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and
    )
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainants,
    )
    PCB 86—160
    (Enforcement)
    V.
    FIT.Z—MAR,
    INC.,
    a corporation,
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Anderson):
    On September 27,
    1991, the Cook County States Attorney,
    on
    behalf of the People of the State of Illinois, filed a letter
    with the Board asking for the “maximum additional time acceptable
    to the Board”
    in which to submit the executed stipulation and
    proposal for settlement in this matter.
    In support of its
    request, the States’ Attorney notes that although the parties
    agreed at the June 28,
    1991 hearing in this matter to submit the
    executed stipulation by August 12,
    1991, the Attorney General’s
    Office and the Illinois Environmental Protection Agency are still
    completing their review of the stipulation.
    We wish to remind the parties that they are expected to have
    their stipulation and proposal for settlement signed for
    presentation at hearing.
    (See 35 Ill. Adm. Code 103.180(a)).
    In
    the instant case, the Hearing Officer gave the parties an
    additional 45 days from the date of hearing in which to submit
    their executed stipulation because the parties represented that
    they had reached a settlement and were simply awaiting signatures
    and final approval of the agreement.
    In addition, the Board
    issued a~Order on September 12,
    1991, which,
    in effect, gave the
    parties another 43 days (from August
    12,
    1991 to September 24,
    1991) to submit the executed stipulation.
    We believe that we
    have been more than generous in giving the parties an additional
    88 days in which to submit an executed copy of a settlement that
    was already agreed to at the time of hearing.
    As a final note, the Board wishes to point out that this
    case was initially filed on September 30,
    1986,
    and that the June
    28,
    1991 hearing was the third scheduled hearing in this matter.
    Accordingly,
    in light of the above, the Board denies the States
    Attorney’s request for another extension and directs the Hearing
    Officer to set this matter for hearing on the merits by November
    11,
    1991, and to conclude all such hearings no later than
    December 15,
    1991.
    12 6—4 19
    2
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    ~
    day of
    ________________,
    1991, by a vote of
    7-O
    Control Board
    126—420

    Back to top