ILLINOIS POLLUTION CONTROL BOARD
January
23, 1975
ENVIRONMENTAL PROTECTION AGENCY
Complainant
v.
PCB 74-178
CITYWIDE SERVICES,
INC.,
an
Illinois Corporation,
and the
COUNTY OF
KNOX,
a Political
Subdivision of the State of
Illinois,
Respondents
CITYWIDE SERVICES,
INC.
Petitioner
v.
)
PCB 74-177
ENVIRONMENTAL PROTECTION AGENCY
Respondent
INTERIM OPINION AND ORDER of the Board
(by Mr.
Zeitlin)
These
two cases were consolidated by Board Order
on July 18,
1974.
At
a hearing on November 20,
1974,
the parties submitted a Stipulation of Fact
and Proposed Settlement pursuant to Procedural
Rule 333 of the Board.
The
matter was scheduled for discussion
by the Board on January
16,
1975.
How-
ever,
on
that day,
Respondent Citywide Services,
Inc.
filed with the Board
a Motion
to Postpone Ruling on Stipulation and Proposal for Settlement, with
leave to submit a Supplemental Stipulation within
30 days.
Respondent City-
wide has waived the 90-day rule until
April
16,
1975.
Citywide in
its motion stated that
a material part of the original Stip-
ulation,
a requirement that all
landfill
or solid waste disposal activities
other than necessary closing activities
be discontinued by December
1,
1974,
had become impossible
to comply with
for reasons beyond the control
of the
parties; and therefore,
Citywide could not complete such activities
before
March
15,
1975,
Agreement,
however, on
a new date of closing could not be
reached by the parties due to difficulties
in apportioning between Respon-
dents Citywide and Knox County the extra
costs incurred due to the delay.
Such a delay should have been foreseeable by the parties to
this
action.
After
a long period of negotiation, the parties entered a Stipulation
which
was notable for its lack of clarity
or organization.
While the intent,
and
the plan itself, were not objectionable,
the content of the plan was diffi-
cult to assess.
Additionally, the Stipulation
was clearly deficient
in that
it did not contain
a definitive schedule as
to the dates and responsibilities
contemplated
in
the proffered performance bond.
15
—
291
With regard to Citywide’s Motion to Postpone Ruling on Stipulation
and
Proposal for Settlement,
it shall
be denied to the extent of it being in~
consistant with this Interim Order of the Board.
The Board, rather than
postpone
its ruling on the instant Stipulation and Proposal
for Settlement,
will return that Stipulation
to the parties for clarification and amend~
ment.
Therefore,
Respondent’s request that the Board accept
a Supplemental
Stipulation
in this matter,
to be filed at
a later date,
is also denied~
It should be noted that this action by the Board apparently
serves
the
purposes of the parties
in the matter.
Insofar as the Agency has not
responded to Citywide’s
Motion
to Postpone Ruling on Stipulation and Pro-
posal
for Settlement, either for itself or through the Attorney GeneraL it
must,
in accordance with Procedural
Rule 308(c)
of the Board,
be
deemed
to
have waived any objection to the granting of that Motion.
The return
of this
Stipulation
to the parties for amendment and clarification, then, will allow
the parties
to complete the process
of negotiation and settlement,
as they
apparently desire,
It
is the Opinion of the Board that an amended Stipulation
in
this matter
be resubmitted
in
a final, clear and cohesive fashion, and setting out time-
tables and specific duties for the parties.
The Hearing Officer will be in-
structed,
in accord with this
Order of the Board,
to proceed to a hearing
in
the matter,
if an amended Stipulation has not
been
filed
with
the
Board
with-
in
30 days of the adoption of this Order.
IT
IS
SO
ORDERED.
i~Christan
L.
Moffett,
Clerk
of
the Illinois Pollution Control
Board,
heresy
certif
that
the
above
INTERIM
OPINION
&
ORDER
were
adopted
on
the
~~~day
of
j,
1975
by
a
vote of
~~to
o~
Christan 1~.Moffett,~rk
~:s
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IOF~
~1~RC~
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