ILLINOIS POLLUTION CONTROL BOARD

November

1.5,

1979

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 78—293

RALSTON-PURINA COMPANY,

a Missouri corporation,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Goodman):

On September 10,

1.979 the parties to this action requested

that a Stipulation and Proposal for Settlement

(Stipulation) be

approved by the Board.

The Stipulation proposes a penalty of

$5,000 of which the sum of $2,500 is suspended and payable

only upon the Respondent’s failure

to have its plant

in full

compliance with the Board’s Noise Rules by August 1,

1.979 or

by any extended date granted pursuant

to paragraph R of the

Stipulation.

The proposed penalty is a contingent one.

The Board does

not favor the imposition of contingent or suspended penalties

in

that,

among other reasons, they preclude the Board from

considering any mitigating or aggravating factors

in the event

that noncompliance should occur.

EP7~and MSD

v.

International

Harvester Co.,

PCB 75—12

(August 23,

1979).

The Board hereby rejects the Stipulation and rernands this

case for further proceedings consistent with this Order.

IT

IS SO ORDERED.

Dr. Satcheil dissents.

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, h~jç~bycertify the above Interim Order was

adopted on the

/~S1~

day of

________________,

1979 by a vote

of

3~L•

Christan L. MoffE7?J~)Clerk

Illinois Polluti~ Control Board