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R2015-103 APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT
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R2015-103 APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT
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9/30/2015 9:09:17 AM
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9/30/2015 9:09:15 AM
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Resolution/Ordinance
Res Ord Num
R2015-103
Res Ord Title
APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT FILED WITH THE ILLINOIS POLLUTION CONTROL BOARD BY THE CITY AND OTHER UNITS OF LOCAL GOVERNMENT AGAINST CLINTON LANDFILL, INC.
Department
Legal
Approved Date
9/8/2015
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arguments on the motion of all of the parties to accommodate settlement negotiations in that <br /> case; and <br /> WHEREAS, subsequent to the filing of the Citizen's Complaint, the Illinois <br /> Environmental Protection Agency(the "Agency")modified a permit it previously granted to CLI <br /> for operation of the Clinton Landfill to prohibit CLI from disposing of certain manufactured gas <br /> plant and PCB waste in the CWU because of CLI's failure to secure local siting approval from <br /> DeWitt County for said CWU; and <br /> WHEREAS, CLI has now filed a series of appeals ("Permit Appeals") with the IPCB in <br /> the case numbered and hereinafter referred to as "Case No. PCB 15-60", alleging that the <br /> Agency's permit modification prohibiting operation of the CWLT was in violation of the Act, and <br /> the Office of the Illinois Attorney General is now defending the Agency in the Permit Appeals; <br /> and <br /> WHEREAS, the IPCB has continued Case No. PCB 15-60 upon the motion of the parties <br /> to that appeal to accommodate settlement discussions by the parties; and <br /> WHEREAS, the Coalition Attorneys, attorneys in the Illinois Attorney General's Office <br /> and attorneys for CLI have now negotiated terms and conditions of a proposed settlement of all <br /> claims arising out of Case No. PCB 13-22 and Case No. PCB 15-60, and are proposing to enter <br /> said settlement in the form of a Consent Order(the"Consent Order")that would be filed in a <br /> new case alleging that CLI has created a public nuisance related to the disposal of MGP Source <br /> Material at the CWU, the new case to be filed in the Circuit Court in DeWitt County, Illinois for <br /> purposes of facilitating effective enforcement of its terms and conditions by all of the parties <br /> thereto; and <br /> 3 <br />
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