ILLINOIS
    POLLUTION
    CONTROL BOflD
    October 9, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    vs.
    ) PCB 75—157
    )
    AAA DISPOSAL SYSTEMS, INC.
    )
    )
    Respondent.
    INTERIM ORDER OF THE BOARD (by Mr. Henss):
    The Environmental Protection Agency alleges that Respondent
    AAA Disposal Systems, Inc. has operated a waste management site
    near Roscoe in Winnebago County, Illinois without an
    operating
    permit. Respondent is alleged to
    have operated this site from
    July 27, 1974 through April 14,
    1975 in.violation of Rule 202(b) (1)
    of the Illinois Solid Waste Regulations and Sections 21(b) and 21(e)
    of the Environmental Protection Act.
    A public hearing was held in this matter on July 21, 1975,
    however, no witnesses testified. In lieu of testimony at the
    hearing the attorneys read into the record a Stipulation of Facts
    and Proposal for. Settlement. This Stipulation and Proposal is
    submitted in resolution of the enforcement proceeding, and the
    Board .is asked to approve the settlement conditions.
    The Board has not been provided a signed copy of the Stipu-
    lation and Proposed Settlement
    •
    There is no showing that the
    Complainant Environmental Protection Agency has accepted the
    Agreement. We have previously bald in £19A vs. City of Marion,
    PCB 71-25 and EPA vs. Ralston Purina, eCB 71-88, that a party’s
    attorney cannot Settle a cse without that party’s consent.
    Since it is unclear in this instance whether the parties have
    consented to the settlement we must return this matter to the
    Hearing Officer for further proceedings. If it is the intent of
    the parties to Submit the settlement which was discussed on the
    date of the public hearing then an appropriate document should
    be filed with the BOard within 45 days of the date of this Order.
    If the parties do not wish to settle on the basis stated by the
    19—13
    —2—
    attorneys on July 21, 1975 then a new public hearing shall be
    scheduled at which time the case will be heard on the merits
    or a new settlement agreed upon.
    IT
    IS
    SO ORDERED.
    I,
    Christan L. Moffett, Clerk.
    the Illinois
    Pollution Control
    Board, her~bycertify the above Order was adopted the
    V
    day
    of
    ~
    ,
    1975 by a
    vote of
    ~
    cy&~L_~
    ~
    Christan
    L,
    Moffe~,/Clerk
    Illinois Pollution ~ontro1 Board
    19 — 14

    Back to top