ILLINOIS POLLUTION CONTROL BOARD
    December 20,
    1985
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 85—53, 85—54
    85—102
    CONTINENTAL GRAIN COMPANY,
    Respondent.
    ORDER OP
    THE
    BOARD
    (by J.D.
    Dumelle):
    These matters come before the Board upon motions
    to dismiss
    filed November 20,
    1985
    on behalf of the Continental Grain
    Company.
    The Illinois Environmental Protection Agency (Agency)
    responded on December
    6,
    1985.
    Continental contends that since
    the Agency has now “issued construction permits
    to Continental
    for
    the installation of
    a
    tip aspirated control
    system” for
    the
    affected facilities
    to bring them into “unquestioned compliance,”
    these enforcement actions should be dismissed.
    The Agency
    correctly responds that such compliance “would
    not render moot or
    otherwise dispose of the question of
    a penalty for past non-
    compliance.”
    For
    that reason, Continental’s motions are hereby
    denied.
    IT
    IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted
    on the
    ~
    day of
    _______
    ______
    ,
    1985 by
    a vote
    of
    ___
    7-c)
    ‘2
    (
    (~
    Y~~L
    -~
    ~~‘__
    Dorothy
    M. ~
    Clerk
    Illinois Pollution Control
    Board
    67-71

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