ILLINOIS POLLUTION CONTROL BOARD
January 11, 1990
ILLINOIS ENVIRONMENTAL,
PROTECTION AGENCY,
Complainant,
v.
)
AC 89—273
(EPA DocKet No. 10044—AC)
BURLINGTON NORTHERN RAILROAD,
)
(AdministratIve Citation)
Respondent.
ORDER OF THE BOARD:
This matter comes before the Board upon a December 1, 1989
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act (Act) by the lilinois
Env:ronmental Protection Agency (Agency). A coDy oi that
Adm:nisrrative Citation is attached hereto. Service of the
Administrative Citation was made upon Burlington Northern
Raliroad on December 1, 1989. :he Agency alleges that Burlington
Northern Railroad has violated Section 2l(q)(1) of the Act. The
statutory penalty established for this violation is $500.00
pursuant to Section 42(b)(4) of the Act.
Burlington Northern Railroad has not filed a Petition for
Revie~with the Clerk of the Bcard within 35 days of the date of
service as allowed by Section 31.l(d)(2) of the Act. Therefore,
pursuant to Section 3l.l(d)(l), the Board finds that Burlington
Northern Railroad has violated the provision alleged in the
Administrative Citation. Since there is one (1) such violation,
the total penalty to be imposed is set at $500.00.
It is hereby ordered that, unless the penalty has already
been said, within 30 days of the date of this Order Burlington
Northern Railroad shall, by certified check or money order
payable to the State of Illinois and designated for deposit into
the Environmental Protection Trust Fund, pay a penalty in the
amount of $500.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
IT S SO ORDERED.
107—155
—2—
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify~hat the above Order was adopted on t~e
~
day of__________________
,
1990, by a vote of
~
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
107—ili