ILLINOIS POLLUTION CONTROL BOARD
    December
    15,
    1989
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 86—104
    SOURS GRAIN COMPANY,
    an
    Illinois corporation,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    Hearing
    in
    this matter was held November
    29,
    1988,
    and a
    Stipulation and Proposal for Settlement
    (“Stipulation”) was
    submitted
    at that time.
    The transcript
    of the hearing was
    received by the Board
    on December
    14, 1988.
    The Board,
    however,
    notes some preliminary problems with the Stipulation as currently
    su
    bm itted.
    The Board notes several
    inconsistencies regarding payment of
    the penalty installments.
    Section
    II
    A,
    page
    6 states:
    The first installment will
    be paid within 30 days
    of
    approval of this Stipulation and Proposal for
    Settlement and the second and third
    installments on
    January
    30, l989,and January 31,
    1990.
    Paragraph
    19,
    p.
    4 states:
    This Stipulation and Proposal for Settlement shall
    terminate one year after
    approval by the Pollution
    Control Board or upon payment
    of the third penalty
    installment.
    If the Board were
    to act
    on
    the Stipulation at
    its currently
    scheduled January 5,
    1989 meeting
    or
    a later meeting,
    the first
    installment would be due
    in
    30 days which would
    be after
    the
    second installment
    is
    due.
    Also,
    if the Board were
    to act prior
    to January 31,
    1989,
    the third installment would
    be due after
    the
    termination of the stipulation, with the possibility that
    Respondent would no longer
    be bound
    to pay that installment.
    The Board further
    notes
    that paragraph B
    1 of the Force
    Majeure Clause,
    p.
    7,
    states that “the
    Board shall retain
    jursidiction of
    this case to resolve any disputes arising under
    the Proposal
    for Settlement.”
    The Board disfavors retaining
    jurisdiction
    in this matter
    as that would necessitate leaving
    the
    94—35
    docket open pending any later disputes.
    If the parties intend
    that the Board
    remain the body
    to decide such disputes,
    should
    any arise,
    rather than some other
    body,
    the parties can so state
    without the Board retaining jurisdiction.
    There was some
    discussion
    of this
    issue at hearing, however,
    the parties’
    intent
    as
    to the Board’s future role remains unclear
    (See
    R.
    at 8—11).
    The Board brings
    these matters to
    the parties’ attention
    prior
    to the Board’s
    final action on the Stipulation
    in order
    to
    facilitate
    a speedy resolution of
    this proceeding.
    The parties
    may desire
    to modify the Stipulation
    to correct the timing
    problems as noted above,
    and to inform the Board of the parties’
    intention regarding the Board’s future role.
    Modifications and
    any related documents
    shall
    be filed on or before January
    3,
    1989.
    IT IS SO ORDERED.
    I, Dorothy
    M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certjfy that the above Order was adopted
    on the
    /~I~-day of
    2~a~
    ,
    1988,
    by
    a vote
    of
    7—0
    Dorothy MI Gunn, Clerk
    Illinois Pollution Control Board
    94—36

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