ILLINOIS POLLUTION CONTROL BOARD

November 21, 1985

MARATHON OIL COMPANY

(Hartford Terminal),

)

Petitioner,

V.

)

PCB 83—29

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY~

Respondent,

ORDER OF THE

BOARD

(by B. Forcade):

On November 19, 1985, the Illinois Environmental Protection

Agency (~Agency~)and Marathon Oil Company (“Marathon”) filed a

“Stipu:Lation of F~ict and Recommendation (sic) Settlement”. That

document recites certain factual and procedural matters and prays

“that the Board Order that permits be issued by the Agency in

form exact to

that

attached hereto and labelled as Exhibit B

without the objected to conditions”. The Board hereby rejects

the November 12 settlement.

The Board has a series of prior Opinions rejecting

settlement agreements in permit appeals. The rationale and

history was most recently articulated in Electric Energy v. IEPA,

PCB 85—14 (June 13, 1985):

The Board has had difficulty in dealing with

settlements

in

permit appeal cases which involve

Agency issuance of negotiated permits containing

conditions for which no record exists “setting out

sufficient technical facts and legal assertions to

allow the Board to exercise its independent

judgment and to make proper findings of fact and

conclusions of law.” Caterpillar Tractor Co. v.

IEPA, PCB 79-180, Interim Order, June 2, 1983, p.

1—2. The Board has not issued Orders incorporating

the terms of such stipulations as the Board does in

enforcement cases. The Board has issued Orders

dismissing the appeal and allowing ratification of

a “voidable permit, e.g., Caterpillar, supra, Final

Order, June 14, 1982; an Order simply dismissing

the appeal, Village of Sauget v. IEPA, PCB 79-87,

July 19, 1984; and an Order remanding the permit to

the Agency, Caterpillar Tractor Co. v. IEPA,

PCB 83—58, March

7,

1985~

68~4O3

---

—2—

The Board directs the parties to examine these cases and the

concerns articulated therein~.and to file with the Board not

later

than

December 13, their preferences as to the disposition

of this cases

IT IS SO ORDERED.

I~, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Boards hereby

certifLy

that the above Order was adopted on

the ~

of

_________

_____

1985 by

a vote of

7’(’

*

ib.

/~(.~J

Dorothy M, Gunn, Clerk

Illinois Pollution Control Board