ILLINOIS POLLUTION CONTROL BOARD

August 9, 1.979

ENVIRONMENTAL PROTECTION

P~GENCY,

Complainant,

v.

)

PCB 79—41

CALVIN GEISS, d/b/a C & A DISPOSAL

COMPANY and FRED D. BENNITT,

Respondents.

INTERIM ORDER OF THE BOARD (by Mr. Goodman):

The Agency’s Motion to Expedite Board Decision, filed

August 1, 1979, is hereby granted. Said motion requests the

Board to “issue its opinion with regard to the Stipulation

and

Proposal for Settlement filed in this cause on August 1,

1979, as quickly as posslble.

The

Board disfavors “suspended” penalty provisions (see

EPA

V.

Village

of Riç~j~y,PCB 79—3, Interim Orders of June

22, 1979 and July 26, 1979; EPA v. Sundale Sewer Corp., PCB

78—88 and PCB 78-225 Consolidated, Interim Order of July 12,

1979; and Dissenting Opinion of Chairman Dumelle on August

26,

1979 in EPA

V.

City

of

Georgetown,

PCB 78—127).

The parties’ Proposal for Settlement contains a “suspen-

ded” penalty provision and is hereby remanded for resubmission

consistent with this Interim Order.

IT IS SO ORDERED.

1~tr. James Young dissented.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereb~’ certify the above Interim Order was

adopted on the

9’~’

day of

________________,

1979 by a

vote of 3~j~

Christan L. Moff

Clerk

Illinois Pollution onrol Board

:35—173