ILLINOIS
    POLLUTION
    CONTROL BOARD
    January
    8,
    1976
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 75—116
    CITIZENS UTILITIES COMPANY OF
    )
    ILLINOIS,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the motion filed by Respondent on December
    18, 1975, to
    modify the Interim Opinion and Order of the Board decided
    December
    4,
    1975.
    A hearing in this matter was held on October
    20,
    1975, at which
    a “Settlement Stipulation’1 was submitted to the
    Board.
    The Stipulation provided that Respondent pay the sum of
    $1,000.00 to the general revenue fund of the State of Illinois
    “in lieu of
    a civil penalty.”
    In its Interim Opinion and
    Order,
    the Board rejected the Settlement Stipulation.
    Respondent requests the Board to delete the following
    language from its Interim Opinion and Order:
    The Board finds that a penalty is appropriate here,
    considering that the compliance program is one of
    general upkeep and that the reason for violation
    was apparently the result of Respondent’s failure
    to properly maintain its public water supply facility.
    Respondent asserts that such language constitutes
    a finding of
    violation and.penalty and, therefore, violates the provision in
    the Settlement Stipulation voiding the Stipulation
    if
    the
    Board rejects any portion thereof.
    Respondent’s motion is denied.
    As indicated in the Board’s
    Opinion, parties can only enter into binding stipulations as
    to
    facts and not as
    to legal conclusions.
    Read as
    a whole, the
    Board’s Opinion indicates that,
    based upon the facts stipulated
    to,
    the legal conclusion reached by the parties--that no civil
    penalty was warranted——was incorrect.
    However, the Order of
    the Board does not find a violation and penalty.
    The Order reads:
    19— 573
    (2)
    It is the Order of the Board that the October
    20,
    1975,
    Settlement Stipulation be and is,
    hereby,
    rejected.
    The parties are herewith ordered to hear-
    ing or amendment of their settlement proposal not
    inconsistent with today’s Interim Opinion.
    Therefore,
    because the Order of the Board
    in its December
    4,
    1975 Interim Opinion and Order does not constitute a finding of
    violation and penalty, Respondent’s Motion
    is denied.
    IT
    IS SO ORDERED.
    I,
    Christan
    L. Moffett, Clerk of
    the
    Illinois Pollution
    Control B~ard, hereby certify the above Order was adopted on
    the
    _____________
    day of~~a.~t.M.*~O
    ,
    1976 by a vote of
    Illinois Pollution
    19— 574

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