ILLINOIS

POLLUTION CONTROL

BOARD

February 10,

1983

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

PCB 81—20

METRO-EAST

SANITARY DISTRICT, CITY OF

)

MADISON,

an Illinois

municipal corporation,

and

CITY OF VENICE, an Illinois municipal

)

corporation,

Respondents.

INTERIM

ORDER OF THE BOARD

(by J.D.

Dumelle):

This matter comes

before

the Board

upon

a “Partial Stipula-

tion and

Order” in “partial

settlement”

which was presented at

hearing

on November 17, 1982,

That

hearing was scheduled in re-

sponse

to several Board orders

(July

23,

1981;

September

2,

1982;

October

5,

1982; and October

14, 1982)

which were entered with

the intent

to reach an expeditious

conclusion of this proceeding.

This

partial settlement

includes

four provisions:

first,

that

Respondents Htake all actions

necessary

to ensure that

timely

progress is made for each federal

construction grants

step

including completion of

a

revised

Facilities Plan about

February,

1983;

second,

that respondents

recognize their

legal

obligations;

third, that all parties

will enter into a final

stipulation

and settlement within

thirty

days of Illinois En-

vironmental

Protection Agency

(Agency)

approval of a revised

Facilities

Plan which plan the Agency

shall

approve or disapprove

within

ninety days of submission; and

fourth, that the Metro-

East

Sanitary District pay a penalty of

$250.”

In

other words,

the partial

settlement

provides that respon-

dents

shall do

what they

are legally

required to do, Metro—East

shall

pay

a

penalty and

a

time schedule

is

set forth for reaching

an

expeditious conclusion

of this matter,

The

Board

finds

little

point in

ordering a penalty prior to

final

resolution of this matter and fails

to understand how four

parties

can be ordered to

file

a

final

settlement.

Who

will dictate

what

that

final settlement would be?

Therefore,

the Board rejects

this

“partial

settlement.”

However,

hearing

has served to inform

the Board

of the

status

of this matter

and the stipulation does set

forth a

reasonable

timetable

for final

resolution of it.

The Board

hereby

orders that

this

action be scheduled

for hearing, either on

a

stipulation

or

as

a contested case on

or before September

1,

1983.

IT IS SO

ORDERED

51-~97

---

I, Christan L,

Moffett, Clerk

of the Illinois Pollution

Control Board

hereby

certify that

the above Interim Order was

filed on ________day

~

,

1983 by a

vote of

~1g

~

/~?o~A-~L

~

Christan

L, Moffét~t~1

Clerk

Illinois

Pollution Control Board

51-98