ILLINOIS POLLUTION CONTROL BOARD
January 22,
1981
ILLINOIS ENVIRON~4ENTALPROTECTION AGENCY,
)
Complainant,
V.
)
PCB 77—25
MARQUETTE COMPANY,
)
Respondent.
INTERIM ORDER OF THE BOARD tby J.D. Dumelle):
On January 13,
1981, the Illinois Environmental Protection
Agency
(Agency) filed a Motion for Reconsideration of the
December 18,
1980 Order of the Board which rejected a stipu-
lation and settlement agreement in this matter.
The basis for
rejection was that the settlement as presented was incomplete.
On January 14,
1981,
Marquette Company (Marquette)
filed a
similar motion.
Those motions are hereby granted.
Both Marquette and the Agency understand that the settlement
agreement cannot be finally accepted by the Board at this time
since some of the terms of that agreement are to be agreed upon
only after stack tests have been completed.
Marquette is reluc-
tant to initiate such testing absent assurances from the Board
that the basic framework of the agreement is acceptable.
Other
terms
are conditioned upon Marquett&s submission of an
Emissions
Control Program which it is also reluctant to submit without the
same assurances.
Since the Board agrees with both parties that the framework
of the settlement agreement provides an acceptable mechanism for
settlement,
the Board hereby preliminarily approves that frame-
work.
However, after final terms are agreed to, these must be
presented at a public hearing prior to submission to the Board
for final approval.
Until that time the Board cannot grant
final acceptance of the settlement.
IT IS SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Interim Order was adopted on
the
~
day of
__________,
1981 by a vote of
___
/
L~
~m/
~
.
Christan
L. Mo~att, Clerk
Illinois Pollution Control Board
40—319