ILLINOIS POLLUTION CONTROL BOARD
    June
    22, 1989
    IN
    THE
    MATTER
    OF:
    ROBERT KETTELL CONSTRUCTION
    )
    AC
    89-85
    CORP.
    AND ROBERT KETTELL,
    )
    (Case
    No.
    89
    C D 202)
    Respondents.
    ORDER OF THE BOARD
    (by J.
    Marlin):
    This
    matter
    comes before
    the Board upon
    a motion filed
    by
    the County of DuPage on June
    20,
    1989.
    The County’s motion
    requests
    that the Board allow the County to withdraw
    its previous
    motion to amend
    filed
    on June
    9,
    1989 and requests that
    the Board
    dismiss
    one
    of the violations
    in
    the administrative
    citation.
    Additionally,
    the County requests
    that
    the Board
    enter
    a default
    order
    for
    the remaining violation,
    acknowledging payment
    of the
    fine by respondents,
    Robert Kettell
    Construction Corp.
    and Robert
    Kettell.
    The administrative citation filed
    by the County on
    May
    12, 1989 cited
    the respondents with
    a violation of Section
    2l(q)(l)
    and
    a violation of Section 21(q)(3)
    of the Illinois
    Environmental Protection Act
    (“Act”).
    DuPage’s motion
    to withdraw
    its June
    9,
    1989
    motion
    to amend
    is hereby granted.
    Since DuPage filed
    its motion
    to dismiss one
    of
    the violations before the Board issued
    a final default order,
    that motion
    is also
    granted.
    In
    regard
    to the remaining violation,
    the respondent
    has not
    filed
    a petition for review with the Clerk of
    the Board
    within
    35
    days of
    the date of service
    as allowed by Section 3l.l(d)(2)
    of
    the Act.
    Therefore,
    pursuant
    to Section 31.l(d)(l),
    the Board
    finds
    that the respondent
    has violated Section 2l(q)(1)
    of the
    Act.
    Since
    there
    is one such violation,
    the total penalty
    to be
    imposed
    is set
    at $500.00.
    It
    is hereby ordered
    that, unless
    the penalty has already
    been paid,
    within
    30 days of
    the date of
    this Order the
    respondent
    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:
    100—297
    —2—
    Illinois Enviromnerital Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL
    62706
    The Board notes
    that the County has submitted proof that
    respondent has paid the $500.00 penalty imposed
    for
    the violation
    of Section 21(q)(l)
    of the Act.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby cert
    that the above Order was adopted on
    the ~
    day of
    __________,
    1989,
    by
    a vote of
    7~7
    //~
    ~
    Dorothy M,/~unn
    Illinois ~llution
    Control Board
    100—298

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