ILLINOIS POLLUTION CONTROL BOARD

June 20,1974

CITIZENS FOR A BETTER ENVIRONMENT

An Illinois Not-for-Profit Corp.,

Complainant,

vs.

)

PCB 74—19

INTERNATIONAL HARVESTER COMPANY,

Hough Division,

Respondent.

Mr. Dennis L. Adamcyzk appeared for Complainant

Mr. William A. Domm, attorney for Respondent

INTERIM ORDER OF THE BOARD (by Dr. Odell)

Citizens for a Better Environment filed a Complaint against

International Harvester Company on January 14, 1974. A hearing

took place in Waukegan, Illinois on April 25, 1974. At that time,

the parties entered a Stipulation into the record. Paragraph Ten

of the Stipulation read:

“10. International Harvester Company will make a payment

to the State of Illinois in the amount of $1,000 to

be used by the State of Illinois for water pollution

control research. This sum will be payable within 30

days after the final approval is received by the

Illinois Pollution Control Board of this settlement.”

The Pollution Control Board (Board) lacks the power to implement

the terms of paragraph 10 of the Stipulation. The Board does not

have the statutory prerogative to authorize payments for water

pollution control research. Section 42(b) of the Environmental

Protection Act limits us to the imposition of penalties payable to

the State of Illinois or to the Game and Fish Fund in the State

Treasury in the event that fish and aquatic life is destroyed.

We remand this cause to the parties for further proceedings.

The parties are requested to file an amended Stipulation within

15 days of the adoption of this Order. Such Stipulation should

provide that any agreed upon monetary penalty be payable to the

general revenue of the State of Illinois, rather than be restricted

to water pollution control research.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board

hereby certify that the above Opinion and Oi~derwas adopted 

the

~p~’day of 

~‘ .~i

1974, by a vote of 

to ~

~2559  

Christan L. ~