ILLINOIS POLLUTION CONTRON BOARD

January 17, 1974

Environmental Protection Agency

v.

)

PCB 73—344

THE HOWELL Company, a Division of

Interlake, Inc., a Delaware Corporation)

qualified to do business in Illinois

ORDER OF THE BOARD (by Dr. Odell)

A Complaint was filed by the Environmental Protection

Agency (“EPA”) on August 16, 1973, and subsequently a Stipulation

and Proposal For Settlement was agreed to which reads in the

pertinent part (page 4):

both parties believe that the public interest

will be best served by a disposition of this proceed-

ing without a full hearing and the resolution of com-

plex legal issues (emphasis added) since the disputes

between the parties are completely resolved by the

control facilities about to become operational.

Our function in enforcement actions is to determine whether the

Act, rules and regulations have been violated and then render

the appropriate final order under Section 33(a) of the Environ-

mental Protection Act. In this case, Respondent neither admits

for the purpose of Settlement any violation nor are sufficient

facts given to enable us to make a determination. A final order

—-

and the protection it will afford Respondent Howell under the

principle of res judicata

-—

cannot be entered until the parties

to the Settlement submit facts or agree, for this Stipulation, as

to which parts of the Act, rules, and regulations have been

violated. Furthermore, since we are asked to approve a $10,000

penalty, we must know which sections of the Act and regulations

have been breached to determine if such an amount is reasonable.

This cause is remanded to the parties for filing additional

statements with the Illinois Pollution Control Board within 30

days of this Order to resolve the questions which we raise above.

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

Boar~, hereby certify that the above Order was adopted on the

~ day of

________________,

1974, by a vote of

____

to

t~

~stanL.Moffe~lerk

10— 657