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
    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

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