ILLINOIS POLLUTION CONTROL BOARD

August

22,

1972

ENVIRONMENTAL PROTECTION AGENCY

V.

#72—216

IOWA-ILLINOIS GAS

& ELECTRIC CO.

Supplemental Order & Opinion of the Board

(by Mr. Currie):

Having received a stipulation and arguments in this case,

we concluded that the case was ready for decision and entered a

final order July 25,

1972,

rejecting certain legal defenses

and imposing a $1000 penalty for the admitted installation

of equipment without

a permit.

Now the Agency informs us that a public hearing scheduled

for August

24 had been expected by the parties nevertheless

to be held and asks us to set aside the order in order to

permit additional public participation as contemplated when

the hearing was scheduled.

It has been our preferred procedure,

even where a stipulation

is reached on all factual

issues, and indeed even when the

parties agree on a proposed disposition,

to require that

the stipulation and proposal be presented publicly so that

affected citizens have

a meaningful opportunity to know the

terms and to express their views.

See,

e.g., EPA v. Granite

City Steel Co.,

#70—34

(May

3,

1972).

In the present case

the

parties,

it now appears, had expected to be able to

make presentations at such a hearinq on the stipulation, and

our order inadvertently deprived them of that opportunity.

Fairness to the parties,

as well as regard for our policy of

public participation,requires us

to vacate the order and to

permit the hearing to be held,

following which we shall

consider all materials before us and decide the case accordingly.

It is

so ordered.

In order that in our crowded schedule the risk of this

kind of misunderstanding may be minimized in the future, we re-

quest all hearing officers formally to certify to the Board when

all materials relevant to Board consideration have been

received.

We have not asked for such certification in the past,

but increasing docket pressures make greater formality an unfor-

tunate necessity,

as the present case shows.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the Board adopted the above Supp1ement~lOrder

& Opinion this

.~~“~day

of August,

1972, by

a vote of ?~—cD

.

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