ILLINOIS POLLUTION CONTROL BOARD
    April
    9,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 89—275
    (IEPA No.
    10045-AC)
    QUANTUM
    CHEMICAL CORPORATION,
    )
    (Administrative Citation)
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board on a April
    2.
    1992,
    motion to amend administrative citation filed by the Illinois
    Environmental Protection Agency (Agency).
    In support of its
    motion the Agency states that after discussion and review of the
    evidence, the Agency believes that the alleged violation of
    Section 21(q) (6)
    should be deleted from the administrative
    citation.
    The Agency also requests that the civil penalty be
    amended from one thousand dollars
    ($1,000.00) to five hundred
    dollars ($500.00) to reflect the deletion of a violation.
    The
    Agency’s motion is granted.
    On January 9,
    1992, the Board ordered the parties to set
    this matter for hearing and finish all hearings by April
    9,
    1992.
    The Board’s order stated that failure to finish the hearings in
    the time period stated would subject the matter to dismissal for
    want of prosecution.
    Prior to that order, the parties had
    already set and cancelled four hearings.
    The parties set one
    more hearing in response to the Board’s order but cancelled it
    and have not completed a hearing as directed.
    The Board hereby
    dismisses the petition for review for want of prosecution.
    Pursuant to Section 31.1(d) (1)
    of the Act, the Board will adopt a
    final order with the finding of violations and imposition of
    penalties.
    On December 4,
    1989,
    an Administrative Citation was filed
    with the Board pursuant to Section 31.1 of the Illinois
    Environmental Protection Act
    (Act) by the Agency.
    A copy of that
    Administrative Citation is attached hereto, but will not be
    printed in the Board’s Opinion Volumes.
    Service of the
    Administrative Citation was made upon the Quantum Chemicai
    Corporation on December 4,
    1989.
    The Agency alleges that on
    October 11,
    1989, the Quantum Chemical Corporation, present
    operator of a facility located in the County of Douglas, violated
    132—147
    2
    Sections 21(q) (1) and 21
    (q) (6)
    of the Act.1
    The statutory
    penalty established for each violation is $500.00 pursuant to
    Section 42(b)(4)
    of the Act.
    A petition for review was filed on January
    5,
    1990.
    The
    Board allowed the administrative citation to be amended to delete
    the alleged violation of 21(q)(6), leaving one violation with a
    corresponding reduction in civil penalty.
    The Board having
    dismissed the petition for review for want of prosecution, the
    Board fi~idsthat the Quantum Chemical Corporation has violated
    the provisions alleged in the amended Administrative Citation.
    Since there is one
    (1) such violation, the total penalty to be
    imposed is $500.00.
    1.
    It is hereby ordered that,
    unless the penalty has already
    been paid,
    within 30 days of the date of this Order the
    Quantum Chemical Corporation 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,
    IL.
    62706.
    2.
    Respondent shall include the remittance form and write the
    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 Illinois Environmental
    Protection Act.
    4.
    Payment of this penalty does not prevent future prosecution
    if the violation continues.
    This docket is closed.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1991,
    ch.
    111 1/2,
    par.
    1041, provides for appeal of final
    orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    1
    Section 21 of the Act was amended by P.A. 87-752, effective
    January
    1,
    1992.
    As
    a result,
    the two subsections enforceable
    through the administrative citation process have been changed from
    21(p)
    and 21(q)
    to 21(o)
    and 21(p)
    respectively.
    132—148
    3
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~~hereby certify
    at ~he above order was adopted on the
    (/~
    day of
    ,
    1992, by a vote of
    7-c
    .
    Control Board
    132— 149

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