ILLINOIS POLLUTION CONTROL BOARD

July 11, 1985

BRUCE JACOBSON and

)

KATHERINE JACOBSON,

)

Complainants,

V.

)

PCB 85—30

KATHLEEN GIENCKE~

Respondent.

ORDER OF THE BOARD (by J. Anderson):

The complaint, filed March 5, 1985, alleges that

respondent’s use of a woodburning stove causes air pollution,

with smoke from the stove entering the complainants’ home.

Hearing was held in this matter on June 6, 1985, at which the

parties presented a proposed “consent order” for acceptance by

the Board. In summary, the proposal is that, while not admitting

any violation, respondent agrees to refrain from use of the

stove, pending the sale of her home and subsequent relocation.

The parties propose that no penalty should be assessed against

the respondent.

In recent months, the Board has rejected stipulated

settlements requesting the Board to impose penalties and to order

compliance actions absent a Board finding of violation, e.g.,

IEPAV. Chemetco, Inca, PCB 83—2, February 20, 1985. Although no

penalty is sought here, the Board is in essence being requested

to enter a cease and desist order based on a record which lacks

evidence necessary for the Board to make a finding ~f violation

upon which a cease and desist order would be based. The Board,

therefore, declines to enter the “consent order” as drafted by

the parties. If the parties have resolved their differences,

they may move to dismiss this action; if either party wishes to

proceed, they may file a motion to schedule hearing with the

hearing officer. Unless the Board receives some filing

indicating an intent to proceed, within 45 days of this Order,

this matter will be subject to dismissal.

Dismissal would not, of course, preclude the parties from

voluntarily abiding by any agreed remedy.

IT IS SO ORDERED

J.D, Dumelle, R~ Flemal, and W. Nega dissented.

65~45

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—2—

I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify tha th~above Order was adopted on

the

/JZ~

day of

_______________________,

1985, by a vote

Y??. ~~_-

___

Dorothy M. Gthrn, Clerk

—____

Illinois Pollution Control Board

65-48