ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1989
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 84—92
    RICHARD KROHN
    and PARKWAY
    )
    BANK
    & TRUST CO.,
    as
    Trustee under Trust
    No.
    4730,
    Respondents.
    MR. DOUGLAS
    J. RATHE, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF COMPLAINANT;
    MS. SUSAN M.
    FRANZETTI,
    GARDEN, CARTON
    & DOUGLAS, APPEARED ON
    BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    Motion to Vacate
    This matter comes before the Board upon
    a March
    20,
    1989
    motion to vacate filed by the Complainant,
    the Illinois
    Environmental Protection Agency (Agency),
    through its attorney,
    Neil
    F. Hartigan,
    Attorney General
    of the State of Illinois.
    On March
    9,
    the Board on
    its own motion adopted
    an Order
    dismissing
    this proceeding;
    the Board
    found
    that this proceeding
    suffered
    from
    unjustifiable lack of prosecution.
    In support
    of
    its motion
    to vacate, Complainant states that the delay was the
    result of
    the Assistant Attorney General
    being involved
    in
    a
    trial on another matter and
    of
    the need
    to obtain the approval
    of
    the Agency with respect
    to the clarification of several aspects
    of the gas vent and trench installation at the Krohn landfill.
    Complainant states
    that
    a letter was sent
    to the Agency by the
    engineering firm retained by Respondent on February
    7,
    l?89,
    after
    a telephone conference call took place
    involving the
    parties
    on February
    3,
    1989.
    Complainant further states that
    the
    attorneys have
    reacheçl agreement on an Amended Stipulation and
    that
    as of March
    20,
    1989,
    the parties were reviewing
    it.
    Finally,
    Complainant.
    alleges
    that
    the
    Re~pon1enL,
    through
    his
    attorney,
    has
    stated
    that.
    he
    does
    not
    oppose
    reinstatment
    of
    this
    cause.
    98—01
    —2—
    On April
    3,
    1989, Complainant and Respondents filed an
    executed copy
    of
    the Stipulation and Proposal for Settlement.
    The Board hereby grants Complainant’s motion
    to vacate.
    Despite the fact that complainant failed
    to inform the Board
    in
    a
    timely manner that
    it would be unable
    to comply with
    the Board
    imposed deadline, the Board
    is persuaded
    to grant
    the motion by
    Respondents’ position that they do not oppose reinstatment.
    That
    there
    is
    no opposition
    to the motion
    to vacate and that the
    parties have
    submitted an executed Stipulation evidencing
    a
    desire
    to resolve
    the dispute persuades the Board that
    it would
    be
    in the best interests
    of the environment
    and judicial economy
    to grant
    the motion
    to vacate,
    reopen the docket,
    and address
    the
    Stipulation and Proposal
    for Settlement.
    Amended Stipulation
    and Proposal
    for Settlement
    On July
    16,
    1984,
    Complainant filed
    a six—count complaint
    against Respondent.
    On May 23,
    1988, hearing was held at which
    the parties submitted
    a Stipulation and Proposal for
    Settlement.
    This Stipulation was rejected by the Board on June
    16,
    1988.
    On April
    3,
    1989,
    the parties submitted an Amended
    Stipulation
    and
    Proposal
    for
    Settlement
    curing
    the
    unacceptable
    provisions.
    The Stipulation addresses
    the facts and proposed
    terms
    of settlement
    in this matter.
    The Board finds
    the Stipulation acceptable under
    35
    Ill.
    Adm.
    Code 103.180.
    This Opinion constitutes the Board’s finding of fact and
    conclusions
    of law in this matter.
    ORDER
    1.
    The Board accepts
    the Stipulation
    and Proposal
    for
    Settlement, which
    is hereby incorporated by reference as
    if fully set
    forth herein.
    2.
    Respondent shall pay the sum of $6,500 within
    35 days of
    this Order.
    Such payment
    shall
    be made by certified
    check
    or money
    order payable
    to the Illinois
    Environmental Protection Trust Fund and submitted
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O.
    Bo~x
    19276
    Springfield,
    IL 62794—9276
    Section
    41
    of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1987
    ch.
    111
    1/2 par.
    1041, provides
    for appeal of
    final
    Orders
    of
    the Board within
    35 days.
    The Rules of the Supreme
    Court
    of Illinois establish filing requirements.
    9~3—~2
    —3—
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that
    e above Order was adopted on
    the
    _______________
    day of
    _____________,
    1989 by
    a vote
    of
    7-i)
    .
    Ill
    5
    llui
    on Control Board
    98—03

    Back to top