ILLINOIS POLLUTION CONTROL BOARD

June

1,

1995

COUNTY OF OGLE,

)

)

Complainant,

v.

)

AC 94—37

(SA—R—1002)

CITY OF ROCHELLE

AND

)

(Administrative Citation)

ROCHELLE DISPOSAL

)

SERVICE,

INC.,

)

Respondents.

OPINION AND ORDER OF THE BOARD

(by J.

‘ii):

On June 13,

1994, the complainant County of Ogle

(County)

filed an administrative citation against the City of Rochelle

(City)

and Rochelle Disposal Inc.

(Disposal).

The administrative

citation alleges that the City and Disposal violated Sections

21(o)(1),

(5) and

(12)

of the Environmental Protection Act (Act).

(415 ILCS 5/21(o)(l),

(5)

and

(12)

(1992).)

The County

is vested

with the authority to bring such a citation pursuant to Section

31.1 of the Act (415 ILCS 5/31.1) and a delegation of authority

agreement with the Illinois Environmental Protection Agency

statutorily authorized in Section 4(r)

of the Act.

(415 ILCS

5/4(r).)

Respondent,

Disposal,

filed a timely petition for

review on June 27,

1994.

No hearings have been held in this

matter.

On Nay

5,

1995 the County and Disposal filed a revised

Stipulated Settlement in accordance with the Board’s interim

opinion and order of April 20,

1995.

The May 5,

1995 revised

Stipulation is incorporated by reference in this opinion.

Pursuant to the revised Stipulation filed by the parties, the

County seeks to dismiss the alleged violation of Section 21(0) (1)

of the Act and Disposal admits to violating the remaining alleged

violations and withdraws its petition for review.

In addition

the County dismisses the administrative citation as to the City.

The Board accepts the revised Stipulation and pursuant to

that agreement finds Rochelle Disposal Service,

Inc.

in

violation of Section 21(o) (5)

and

(12)

of the Act and assesses

the statutory penalty of five hundred dollars

($500.00)

for each

alleged violation.

(415 ILCS 5/42

(1993).)

There are no hearing

costs to assess against Disposal because no hearing was held in

this matter.

This opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

---

2

ORDER

1.

As,

the complainant, County of Ogle,

withdraws the

alleged violation of Section 21(0) (1)

of the Act, paragraph

5(c)

of the administrative citation, this allegation is

dismissed.

2.

Respondent, Rochelle Disposal Inc.,

is hereby found to

have violated 21(o) (5) and

(12)

of the Act, paragraph 5(a)

and

(b)

of the administrative citation.

3.

Within thirty

(30) days of this order,

unless the

penalty has already been paid, respondent, Rochelle Disposal

Inc.,

shall pay a penalty of $1000.00 by certified check or

money order, payable to the County of Ogle on or before June

31,

1995.

Ogle County Treasurer

Ogle County Courthouse

P.O. Box 40

Oregon,

Illinois 61061.

4.

The respondent shall write the case name and number, and

its social security number or federal Employer

Identification Number, on the certified check or money

order.

5.

Penalties unpaid after the due date shall accrue

interest pursuant to Section 42(g)

of the Environmental

Protection Act.

6.

Payment of this penalty does not prevent future

prosecution if the violation continues.

IT IS SO ORDERED.

Board member J. Theodore Meyer concurred.

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.)

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3

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the a o

opinion and order was

adopted on the

/~4~

day of

,

1995, by a vote

of

~

Dorothy M.

G

n,

Clerk’

Illinois P0

ution Control Board