ILLINOIS POLLUTION CONTROL BOARD

August

23,

1979

ENVIRONMENTAL PROTECTION AGENCY and

THE METROPOLITAN SANITARY DISTRICT

OF GREATER CHICAGO,

Complainants,

v.

)

PCB 75—12

INTERNATIONAL HARVESTER COMPANY,

a Delaware corporation~ and WSC

CORPORATION,

a Delaware corporation,

Respondents.

INTERIM ORDER OF THE BOARD

(by Mr. Goodman):

On July

27,

1979 the parties to this action requested

that a Stipulation and Proposal for Settlement

(Stipulation)

be adopted by

the Board.

The Stipulation’s proposed penalty

has three parts:

1) International Harvester agrees to pay

the State and the Metropolitan Sanitary District

(MSD) each

$12,000 within 10 days after entry of an Order of the Board

approving the Stipulation;

2) WSC Corporation agrees

to pay

the StatE? and the MSD each $14,500 within 10 days after entry

of an Order of the Board approving the Stipulation; and

3)

WSC

Corporation,

in the event of an early compliance,

is

entitled to prescribed credits against any penalty due to the

State and MSD.

The penalty herein

is a contingent. one.

The Board does

not favor

the imposition of contingent or suspended penalties;

they interfere with the Board’s duty to determine the penalty

rwiourib and ~he conditions under which the penalty

is warranted.

Such

penalt

i e~ preclude

the

Board

from

considering

any

rnitiga—

tinq

or

aqqravating

factors

should

non—compliance

occurs.

The

Board

hereby

rejects

the

Stipulation.

The

case

is

remanded

for

further

proceedings

consistent

with

this

Order.

IT

IS

SO

ORDERED.

Dr.

Satchell

abstains.

Mr.

Young

dissents.

35—181

---

—2—

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Board,

her~~certify

the

above

I

terim

Order

was

adopted

on

~he~_

day

of

~

1979

by

Christan

L. Moffett,

Illinois Pollution Con

Board