ILLINOIS POLLUTION CONTROL BOARD

November 23, 1971

ENVIRONMENTAL PROTECTION AGENCY

v.

)

#

71—88

RALSTON PURINA CO.

Preliminary Order (by Mr. Currie)

This complaint respecting air pollution in Bloomington

was filed April 21, 1971. Hearings belatedly began in September,

only to be interrupted for settlement negotiations. ~n November

12 we were sent a purported settlement agreement among the company,

the Attorney General, and the intervening neighbors.

We cannot consider this agreement. In the first place it

has not been accepted by the Environmental Protection Agency,

which isthe complainant in the case. As we held in EPA v. City

of Marion,

#

71—25 (October 28, 1971)

,

a party~s attorney cannot

settle a case without the party~s consent. Moreover, there is

no stipulation of facts as is required in order to give us a

basis for evaluating the proposed order. The question of what

to order is for the Board to decide, and it cannot be decided

in the absence of a knowledge of the facts. We call attention

specifically to the proposal for ~directing the emissions of

odors away from the Sunnyside Housing Development.” Any settle-

ment proposal ought to explain why it is necessary that

odors

be simply deflected rather than controlled.

Settling disputes without the burdens of hearings is en-

couraged by the Board, But the attempt at settlement must not

be permitted to delay the resolution of the controversy, and it~

must not leave the Board in the dark as to the facts on which its

determination of the public interest depends. Had the hearings

been completed as scheduled, this case would, have been decided

by now. We trust there will be no further delays.

The proposed settlement is rejected. Further proceedings

are to be held with all reasonable dispatch.

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

certify that the ~oard adopted the above Preliminary Order this

~~day of~4~i~,

1971.