ILLINOIS

POLLUTION

CONTROL BOARD

September 12, 1974

STUDENTS FOR ENVIRONIENTAL

CONCERN,

)

J. D.

üuiwoom’

and L.

J.

STONE,

)

Complainants,

vs.

)

PCB 73—439

WEDIWN

SILICA DIVISION,

DEL MONTE

PROPERTIES

COPPANY,

Respondent.

ORDER OF THE BOARD (by Mr. Semnan):

On October 16, 1973, Complaint was filed against Wedron Silica,

charging therein violation of Sections 12(a) and 12(b) of the Illinois

Environmental Protection Act and Rules 404(a), 405 and 903(a) of

Chapter 3 of the Pollution Control

Board

Rules and Regulations.

Complainants

charge

that

from April 1, 1973

to the date of the

Complaint, Respondent discharged into the Fox River effluents sig-

nificantly in excess of the limits imposed by Rules 404(a) and 405.

Complainants further

charge that Respondent does

not hold a permit

from the Agency for

the

discharge of allegedly violative effluent in

violation

of Section 12(b) of the Act and Rule 903(a).

A public

hearing

was

held in this matter

on May 2, 1974. The

sole action taken at that hearing was the admission of a Stipulation

And Proposal For

Settlement

agreed to between the parties. We find

that document to be inadequate as a basis for

our decision in the

follaving respect: Paragraph 10 of the Proposal For Settlement, wherein

the parties agree that the complaint shall be dismissed should the

provisions of the Proposal For Settlement be approved by the Board,

is unacceptable in that

it misconstrues the legal effect of a Board

dismissal.

We, therefore, order the parties to cure the defect in the

Stipulation And Proposal For Settlement described above or notify

this Board of such other action which is deemed in their best interests

within thirty days from the date of this Order.

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control Board,

does herçby certify that the above Order was

adopted on this ~

~1ø

day

of 4~.1t.L...,, 1974 by a vote of daø