ILLINOIS POLLUTION CONTROL BOARD
    November 15, 1979
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—232
    VILLAGE OF WYANET,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by Mr. Goodman):
    On September 29~ 1979 the parties requested that
    a Stip-
    ulation and Proposal for Settlement
    (Stipulation) be adopted
    by the Board.
    The Stipulation requires that only $337.50
    (10)
    of the $3375.00 penalty be payable,
    in that
    90
    would be sus-
    pended provided that Respondent complied with the terms
    of the
    Stipulation.
    The Board has frequently and fully voiced its disapproval
    of contingent or suspended penalties.
    EPA v.SundaleSewerCo~,
    PCB 78—88
    (July 12, 1979); EPAv.
    Granite City Steel,
    PCB 78—233
    (August
    23,
    1979);
    EPA&
    MSD
    v.
    International Harvester,
    PCB
    75—12
    (August 23, 1979).
    Such penalties interfere with the
    Board’s duty to determine the amount and conditions
    of a pen-
    alty as well
    as prevent
    the Board from either considering
    mitigating or aggravating factors upon an occurence of non-
    compliance.
    Such “penalties” often encourage respondents,
    which often are small municipalities with limited funds,
    to
    enter into penalty agreements that would eventuate excessive
    payments
    in any and all events
    in which compliance was not
    achieved.
    The Board does not favor these penalties regardless
    of
    whether they include provisions
    for either judicial
    or Board
    review.
    The practical effect of these penalties
    is in essence
    a cosmetic one; they
    do
    not effectively aid in the present or
    future enforcement
    of the Environmental Protection Act or the
    Board’s
    rules and regulations.
    The Board hereby rejects
    the Stipulation.
    The case is
    remanded
    for further proceedings consistent with this Order.
    IT
    IS
    SO ORDERED.
    Dr. Satchell dissents.
    36—89
    —2—
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    terim Order was
    Control
    Board, hereby ~
    ,
    1979 by a
    adopted
    on
    the
    J$~~f~
    day
    of
    _______________
    vote
    of
    ~—/
    .
    Christan L. Moffett
    Illinois Pollution Control Board
    36—90

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