ILLINOIS POLLUTION CONTROL BOARD
    April
    6, 1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    V.
    )
    AC 94—54
    )
    (IEPA Docket No. 369—94—AC)
    )
    (Administrative Citation)
    )
    ENVIRITE CORPORATION,
    )
    Respondent.
    ORDER
    OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on a motion to withdraw,
    filed by respondent Envirite Corporation, on March 29,
    1995.
    Respondent seeks to withdraw its petition for review.
    The motion
    to withdraw is granted.
    This administrative citation was filed on July 15,
    1994,
    by
    the Illinois Environmental Protection Agency (Agency) pursuant to
    Section 31.1 of the Environmental Protection Act
    (Act).
    The
    Agency alleges that on May 20,
    1994 Envirite Corporation, present
    owner and/or operator of a facility located in Livingston County
    and commonly known to the County as Livingston Landfill
    (IEPA
    Site No. 1058210002), Livingston County,
    Illinois, violated
    Sections 21(o)(5) and 21(o) (12) of the Act.
    The statutory
    penalty established for these violations is $500 each, pursuant
    to Section 42(b)(4)
    of the Act.
    Pursuant to Section 31.1(d) (1), the Board finds
    that
    respondent, Envirite Corporation, has violated the provisions
    alleged in the administrative citation.
    Since there are two
    (2)
    such violations,
    the total penalty to be imposed is set at
    $1, 000.
    1. It is hereby ordered that, unless the Denalty has already been
    Daid, within 30 days of the date of this order, Envirite
    Corporation shall,
    by certified check or money order payable
    to the Illinois Environmental Protection Trust Fund, pay a
    penalty in the amount of $1,000, which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.O. Box 19276
    Springfield, Illinois
    62794—9276
    2. Respondent shall include the remittance form and write the
    2
    case name and number and their social security or federal
    Employer Identification Number on the certified check or money
    order.
    3. Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g)
    of the Environmental Protection Act.
    4. Payment of this penalty does not prevent future prosecution if
    the violations continue.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41
    (1992)) provides for appeal of final orders of the Board within
    35 days.
    The Rules of the Supreme Court of Illinois establish
    filing requirements.
    (See also 35
    Ill. Adm. Code 101.246,
    Motions for Reconsideration.)
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certif
    that the above order was adopted on the
    _____
    day of
    ___________________,
    1995, by a vote of
    7~
    Dorothy M./~unn,Clerk
    Illinois ~Sllution Control Board

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