ILLINOIS

POLLUTION

CONTROL

BOARD

January

20,

1977

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

PCB

75—327

MEL LANDRILL CORPORATION,

a

)

foreiqn

corporation,

Resoondent,

INTERIM ORDER OF THE BOARD

(by

Mr. Young)

This

matter

has

been

submitted

to

this

Board

on

a

Stipu—

:Lation

and

ProposalL

for

Settlement.

The

Board

finds

the

Stipulation

inadequate

for

failure

to

comply

with

Procedural

Rule

333.

The

St:Lpuiation

is

completely

silent

relative

to

Counts

I.

III

and

IV

of

the

Complaint;

this

inadequacy

must

be

renedied~

As

so

Count

II,

which

is discussed,

some clan—

ficatloe

cb~ ~:he

facts

is

necessary.

The Stipulation

(p.

3,

par.

5;~ nro~~ides

that

Mal believed

it was allowed to accept

wastes

in

barrels

despite

the

continuous contrary warnings

of

the

Pqency

that

a

supplemental permit was first required

and

Rule

310

Lb)

plainly

prohibits such activity.

Mal has not

ad.eq.LlateJv explained how

this

belief

could

have

been

reasonably

rnaiat~aided

in

view

of

the

Agency

warnings

and

Rule

310

(b)

-ar~-icuI

i~v

when

no

r’Io~aon

for clarification of the Board’s

prior Order

in

PCB

72~~485

had been filed.

The Stipulation

(p.

6~ par.

(h))

provides

that

the

Board

shall

re~.roke alL

existing

permits

and the Agency will thereupon

issue

new

permits

for

the

site.

The

Stipulation

is

silent

as

to weat

i a

tr~ h~

eccornp

I shed

by

tli

i a

pr~cdurn

,

~nd

the

reason

(~

a

Since the Stipulation

(p.

7,

par.

(e))

provides Mal

t~empcirary relief from our

final

cover requirements, the parties

must explain why this

relief is necessary,

and particularly,

since

there already appears

to be

a problem with ground water

contamination.

24

—

593

---

—2—

The Stipulation contains many references

to the fact that

some ground water contamination has been discovered at the site.

Detailed facts concerning this problem are not included in the

Stipulation.

Because acceptance of this Stipulation might

constitute res judicata and preclude the Board from entering

additional orders concerning this specific site in the future

should the ground water contamination become a more severe

problem,

the Board is most reluctant to accept this settlement

unless the Board

is expressly granted continued jurisdiction

over this matter.

The Stipulation is remanded to the Hearing Officer and

the parties

for further consideration in accordance with the

views expressed herein.

IT

IS SO ORDERED.

I,

Chnistan

L. Moffett, Clerk of the Illinois Pollution

Control Boafd, hereb

certify the above Interim Order was

adopted on the

~Q

day of _______________________,

1977

by a vote of

5-O

117

Christan

L. Moffet

,

Illinois Pollution Control Board

24

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