ILLINOIS POLLUTION CONTROL BOARD

April 8, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—437

ELGIN SALVAGE & SUPPLY CO., INC.,

Respondent.

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

The Stipulation and Proposal for Settlement in this matter,

filed February 9, 1976, is deficient in that it fails to adequately

address the allegations of the Complaint. The Complaint alleges

specific violations of Rules 103(b) (1) and 103(b) (2) of Chapter 2:

Air Pollution, of the Board’s Rules and Regulations. The Stipula-

tion and Proposal for Settlement, however, does not address itself

sufficiently to whether any equipment or facilities operated by

Respondent may constitute existing or new emission sources; instead,

somewhat vague terminology would require that we speculate on that

issue or, in the alternative, dismiss those allegations. The

terminology used in the Stipulation and Proposal for Settlement is

not consistent with that in the Complaint.

The Stipulation and Proposal for Settlement must, therefore,

be rejected and returned to the parties for clarification on the

above issues. No further hearing need be held concerning resub—

mission of a new Stipulation and Proposal for Settlement if such

document is filed within 30 days of the date of this Order. Should

no new Stipulation and Proposal for Settlement be filed within 30

days of the date of this Order, the Hearing Officer will set this

matter for hearing within 45 days of the date of this Order.

IT IS SO ORDERED.

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

Control Bo~rd, hereby certify the above Interim Order was adopted

on the ~ ~ day of

~

1976, by a vote of

__________

Illinois Pollution

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