ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
    VILLAGE OF LAKE BARRINGTON,
    CUBA TOWNSHIP, PRAIRIE RIVERS
    NETWORK, SIERRA CLUB, BETH
    WENTZEL and CYNTHIA SKRUKRUD,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and VILLAGE
    OF WAUCONDA,
    Respondents.
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    PCB 05-55
    (Third-Party NPDES Permit Appeal –
    Water)
    ______________________________________
    SLOCUM DRAINAGE DISTRICT OF
    LAKE COUNTY, ILLINOIS
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and VILLAGE
    OF WAUCONDA,
    Respondents.
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    PCB 05-58
    (Third-Party NPDES Permit Appeal –
    Water)
    ______________________________________
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    AL PHILLIPS, VERN MEYER, GAYLE
    DEMARCO, GABRIELLE MEYER, LISA
    O’DELL, JOAN LESLIE, MICHAEL
    DAVEY, NANCY DOBNER, MIKE
    POLITIO, WILLIAMS PARK
    IMPROVEMENT ASSOCIATION, MAT
    SCHLUETER, MYLITH PARK LOT
    OWNERS ASSOCIATION, DONALD
    KREBS, DON BERKSHIRE, JUDY
    BRUMME, TWIN POND FARMS
    HOMEOWNERS ASSOCIATION, JULIA
    TUDOR, and CHRISTINE DEVINEY,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and VILLAGE
    OF WAUCONDA,
    Respondents.
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    PCB 05-59
    (Third-Party NPDES Permit Appeal –
    Water)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 11, 2005 Village Of Lake Barrington, Cuba Township, Prairie Rivers
    Network, Sierra Club, Beth Wentzel and Cynthia Skrukrud (PCB 05-55 petitioners) along with
    Wauconda (Wauconda) filed a stipulation. The stipulation notes that “upon the Pollution Control
    Board’s acceptance and approval of the terms of this Stipulation” the PCB 05-55 petitioners will
    ask the Board to dismiss the permit appeal in PCB 05-55. Stip. at 8. The stipulation further
    indicates that “if the Board does not approve and accept” the stipulation, the stipulation will
    remain binding on the parties to the stipulation. Stip. at 12. The stipulation does not include any
    indication that the Illinois Environmental Protection Agency (Agency) is a party to the
    stipulation.
    The Board has repeatedly stated a reluctance to accept settlement agreements in permit
    appeals. The Board has stated:
    The Board has difficulty in dealing with settlement in permit appeal cases which
    involve the Agency issuance of negotiated permit containing conditions for which
    no record exists “setting out sufficient technical fact and legal assertions to allow
    the Board to exercise its independent judgment and to make proper findings of
    fact and conclusion of law.”
    Caterpillar Tractor Co. v. IEPA, PCB 79-180 (June
    2, 1983)
    slip op
    at 1-2. The Board has not issued orders incorporating the terms
    of such stipulations as the Board does in enforcement cases.
    Meyer Steel Drum,
    3
    Inc. v. IEPA, PCB 92-76 (Aug. 13, 1992); General Electric Company v. IEPA,
    PCB 90-65 (Sept. 12, 1991).
    The Board’s reluctance is even more pronounced given that the Agency, a named respondent, is
    not a party to the stipulation. Therefore, the Board declines to accept the stipulation.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 3, 2005, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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