ILLINOIS POLLUTION CONTROL BOARD

June

22, 1979

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V.

)

PCB 79—3

VILLAGE OF RIDGWAY,

a

municipal corporation,

Respondent,

INTERIM ORDER

OF THE BOARD

(by Mr. Werner):

The Board, after careful evaluation

of the proposed settlement

agreement

in light of Section 33(c)

of the Illinois Environmental

Protection Act and Procedural Rule 331,

finds the Stipulation and

Proposal for Settlement to be generally acceptable.

However, the Board does not generally favor the concept of

“suspended” penalties.

Although the Board has,

in the past,

imposed

“suspended” penalties

in certain exceptional instances,

this procedure

does not appear to be warranted

in the present case.

In fact,

it has

been the usual policy of the Board to eschew “suspended” penalties

whenever possible

—

and the Board intends to continue this practice.

Accordingly,

the Board, on its own motion, hereby requests that

the parties in this case submit, within

10 days,

an Amended Statement

of

Stipulated Settlement which includes a proposed stipulated

penalty which is not “suspended” in nature.

IT

IS

SO ORDERED.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution Control

Boar~ hereby certify that the above Order was adopted o

the

~

day of

_________________,

1979 by a vote of

-.0

Illinois Pollution

Board

34—77