ILLINOIS
POLLUTIOr~TCONTROL BOARD
June
16, 1988
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 84—92
RICHARD KROHN and PARKWAY
BANK AND TRUST COMPANY,
as Trustee Under Trust
No.
4730,
Respondent.
ORDER OF THE BOARD
(by J.D. Dumelle):
This matter comes before
the Board
upon
a July 16,
1984, six
count Complaint
filed
on behalf
of the Illinois Environmental
Protection Agency (Agency)
by the Illinois Attorney General’s
Office.
Count
I
alleges failure
to properly place
6 inches
of
compacted
layer
in violation
of Board regulations.
Count
II
alleges
failure to spread and compact
refuse placed
in the
landfill.
Count
III alleges failure
to properly employ personnel
at the landfill.
Counts
IV and V allege violation of special
permit conditions.
Count VI alleges violation
of solid waste
regulations.
Hearing was held on May 23,
1981,
in Glenview,
Illinois.
Both parties were represented
by counsel
and several members
of
the public attended and entered comments on
the record.
Respondent,
Parkway Bank and Trust Company,
of Harwood
Heights,
Illinois,
as Trustee under Trust
No.
4730
is the legal
title holder
of
a landfill site
in question
in the City
of
Glenview,
Illinois.
Richard Krohn,
an individual,
was the sole
beneficiary of Trust No.
4730.
The facility
in question
is
a
solid waste disposal
site, used for landfilling waste.
At hearing,
the parties introduced
a Stipulation and
Proposal For Settlement.
Upon reviewing
the Stipulation and
Proposal For Settlement the Board finds
that there
are problems
which render
the stipulation unacceptable.
In particular,
paragraph No.
9 allows the parties
to fashion
additional remedies
for
as yet unanticipated difficulties.
These remedies, according
to the Stipulation,
need not be presented
to
the Board for
review.
The Board cannot accept
a stipulation which allows the
parties
to establish additional
remedies which
are not reviewable
90—93
—2—
by this Board.
For these reasons the Board cannot accept
the
proposed Stipulation and Proposal For Settlement.
If
the Board does not receive
an amended stipulation,
curing
the noted defect, within 90 days
of
the date
of this Order
the
Board will schedule an additional hearing on this matter.
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify
that te
above Order was adopted on
the
______________
day
of
—
,
1988 by
a vote
of
7-c
.
Dorothy ~?Gunn,
Clerk
Illinois Pollution Control Board
90—9 4