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
    ~LL’J~
    IOF~
    ~1~RC~
    ~

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