ILLINOIS POLLUTION CONTROL BOARD

January 11, 1995

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

v.

PCB 94—135

(Enforcement)

RELIABLE SAND

AND

)

GRAVEL, INC.,

an Illinois corporation,

)

Respondent.

ORDER OF THE BOARD (by C. A. Manning):

On January 9, 1995, respondent filed a motion to modify the

Board’s final order of December 14, 1994. The December 14th

order accepted a settlement agreement filed by the parties in

this enforcement action and closed the docket. The respondent

requests that the Board modify the order by replacing the word

“penalty” with the word “payment” consistent with the settlement

agreement.

The motion to modify is granted. For the convenience of the

parties, the modified order is set out in its entirety below:

ORDER

1) The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and Reliable, concerning its facility located

at 2121 South River Road, in the City of McHenry,

Mchenry County, Illinois. The Stipulation and

Settlement Agreement are incorporated by reference as

though fully set forth herein.

2) Reliable, shall pay the sum of ten thousand dollars

($10,000.00) according to the following schedule:

a) Within thirty days of the date of this order,

Reliable shall pay the amount of three thousand

four hundred ($3,400.00).

b) Every sixty days thereafter Reliable shall pay the

amount of three thousand three hundred ($3,300.00)

until payment is made in full.

Such payment shall be made by certified check or money order

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2

payable to the Treasurer of the State of Illinois,

designated to the Environmental Protection Trust Fund and

shall be sent by First Class mail to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield, IL 62794—9276

The certified check or money order shall clearly

indicate on its face, Reliable’s Federal Employer

Identification Number or Social Security Number and

that payment is directed to the Environmental

Protection Trust Fund

Any such payment not paid within the time prescribed

shall incur interest at the rate set forth in

subsection (a) of Section 1003 of the Illinois Income

Tax Act, (35 ILCS 5/1003), as now or hereafter amended~

from the date payment is due until the date payment is

received. Interest shall not accrue during the

pendency of an appeal during which payment has been

stayed.

3) Reliable shall cease and desist from the alleged

violations.

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act (415 ILCS

5/41) provides for the appeal of final Board orders within 35

days of the date of service of this order. (See also 35 Ill.

Adm. Code 101.246, Motion for Reconsideration.)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereb~certify that the above order was adopted, on the

//~

day of

~. ~~i-

,

1995, by a vote of

‘~‘ ~

Control Board