ILLINOIS POLLUTION CONTROL BOARD
April
27,
1989
IN THE MATTER OF
)
VILLAGE OF MILLSTADT,
)
AC 89-60
)
Respondent.
ORDER OF THE BOARD
(by 3.
Marlin):
This matter comes before
the Board upon a Motion
to Amend
an
Administrative Citation filed April 21,
1989,
by the Illinois
Environmental Protection Agency (Agency).
The Respondent has not
filed
a Petition
for Review.
Pursuant
to
a January
24, 1989
inspection,
the Agency filed
a March 17,
1989 Administrative Citation
in which
the Agency
assessed
a penalty of one thousand five hundred dollars
($1,500.00)
for
three violations of the Environmental Protection
Act,
Ill.
Rev.
Stat.
1987,
ch.
111 1/2,
par.
1021
(Act).
Specifically,
the Respondent was assessed
a civil penalty
of five
hundred dollars
($500.00)
each for violations of uncovered
refuse
remaining from a previous operating day,
failure
to collect and
contain litter from the site by the end
of each operating day,
and open burning of refuse.
In its Motion to Amend,
the Agency states that
the parties
have negotiated, that the Respondent plans to close the subject
facility,
and that the facility closure shall be in accordance
with legal
requirements.
The Agency further states that the
State
is best served by reducing the civil penalty by one
thousand dollars
($1,000.00)
to allow
that money to be used
for
proper closure of the site.
The remaining violation
in the
proposed Amended Administrative Citation
is
for uncovered refuse
remaining
from the previous operating day,
subjecting Respondent
to
a civil penalty of
five hundred dollars ($500.00).
The Agency’s Motion to Amend
is hereby granted.
Respondent
is given 35 days from the date of this Order to appeal,
or
a
default judgment shall
be entered
by the Board.
IT IS SO ORDERED.
I, Dorothy
M. Gunn, Clerk
of
the Illinois Pollution Control
Board, hereby certify
that, the above Order was adopted on the
____________
day of ________________________,
1989,
by
a vote of
7-0
Control Board
98—355