ILLINOIS POLLUTION CONTROL BOARD
    June
    7, 1979
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—258
    K.L,
    OIL COMPANY, an Illinois
    corporation, d/b/a K
    & L AUTO
    WASH,
    )
    Respondent.
    MR. WILLIAM
    J. BARZANO,
    JR., ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE COMPLAINANT.
    MR. EDWARD M. BURKE, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    INTERIM ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a complaint filed
    September
    29, 1978 by the Environmental Protection Agency
    (Agency)
    against Respondent K.
    L.
    Oil Company, an Illinois corporation,
    d/b/a K
    & L Auto Wash,
    The complain t
    charges violations of
    Section 24
    of
    the Environmental Protection Act
    (Act)
    and Rules
    102 and 202 of Board Rules, Chapter
    8:
    Noise Regulations,
    in
    connection with the operation of a gas station and car wash in
    Justice in
    Cook County.
    The parties met on January 25, 1979
    before a stenographer and indicated
    that they would later submit
    a stipulation.
    The Hearing Officer, apparently arriving late,
    granted
    leave to file within fifteen days written statements as
    to the proposed settlement and further stated that no members of
    the
    public had appeared at the hearing.
    The parties entered into
    a
    stipulation,
    statement of facts and proposal for settlement filed
    May 17,
    1979,
    The
    stipulation provides that Respondent shall undertake
    a
    detailed
    program to reduce its noise emissions,
    The additional
    cost is estimated at $5000 over the
    more than $9000 Respondent has
    spent complying with Agency suggestions.
    The Agency
    is
    to
    measure
    the noise levels on June 15,
    1979.
    In the event Respondent is
    in
    violation,
    the parties are to meet within ten days.
    After the
    results are furnished to Respondent, the parties are to negotiate
    on hours
    of operation and further noise abatement,
    If
    they are
    unable to
    agree,
    the parties are to submit matters
    in dispute to
    the
    Board.
    Respondent agrees to
    a penalty of $500 to be suspended
    and payable only
    if
    Respondent fails to comply with the stipulation
    or
    Board
    Order.
    34-7
    —2—
    The
    However, the
    Rule 331 but
    parties have
    Board is satisfied that the agreement is reasonable,
    Board will not enter a final Order under Procedural
    will retain jurisdiction of the matter until the
    a final agreement and compliance plan.
    In the event the parties enter into a further settlement,
    they should consider the following:
    1.
    If a penalty is to be assessed
    does the agreement
    provide for an admission or a factual basis upon
    which the Board can find a violation;
    2.
    If there is
    a conditionally suspended penalty, has
    due consideration been given to Section 33(c)
    of the
    Act;
    and
    3.
    Does the agreement provide for final disposition of
    the case?
    IT IS SO ORDERED,
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Interim Order was adopted
    on the ~
    day of
    ~
    1979 by a vote of
    ~
    ~0çç~~b
    Christan L. Moffett, Clerk
    Illinois Pollution Control Board
    34—8

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