35 Ill. Adm. Code 103.302
Contents of Proposed Stipulation and Settlement Agreement
Section 103
Section 103.302 Contents of
Proposed Stipulation and Settlement Agreement
No proceeding pending before the
Board will be disposed of or modified without an order of the Board. A
proposed stipulation and settlement agreement must contain a written statement,
signed by the parties or their authorized representatives, outlining the nature
of, the reasons for, and the purpose to be accomplished by the settlement. The
written statement must include:
a) A full stipulation of all material facts pertaining to the
nature, extent, and causes of the alleged violations proposed to be settled;
b) The nature of the relevant parties' operations and control
equipment;
c)
Facts and circumstances bearing upon the reasonableness of
the emissions, discharges, or deposits involved, including
:
1)
the character and degree of injury to, or interference with
the protection of the health, general welfare and physical property of the
people
;
2)
the social and economic value of the pollution source;
3)
the suitability or unsuitability of the pollution source to
the area in which it is located, including the question of priority of location
in the area involved
;
4)
the technical practicability and economic reasonableness of
reducing or eliminating the emissions, discharges or deposits resulting from
such
pollution source; and
5)
any subsequent compliance
. [415 ILCS 5/33(c)]
d) Details as to future plans for compliance, including a
description of additional control measures and the dates for their
implementation, if any; and
e) The proposed penalty, if any, supported by factors in
mitigation or aggravation of penalty, including the factors set forth in
Section 42(h) of the Act [415 ILCS 5/42(h)].