ILLINOIS POLLUTION CONTROL BOARD

July

13,

1989

IN THE MATTER OF:

CITY OF ROCHELLE,

)

AC 89-68

Respondent.

ORDER OF THE BOARD

(by J. Marlin):

On May

30,

1989,

the Illinois Environmental Protection

Agency (Agency)

filed a motion to dismiss Rochelle Disposal

Service,

Inc.

(Rochelle Disposal) as the respondent and

substitute the City of Rochelle (City) as the respondent in this

matter.

On June

22,

1989,

the Board issued an Order

requesting that

the Agency, Rochelle Disposal and the City address certain

issues.

The City and Rochelle Disposal filed their

responses on

June

30,

1989 and July 6,

1989 respectively.

The City’s

response consists

of an affidavit

by the City

Attorney.

The affidavit

states that the City was not served with

the instant citation within

60 days after the Agency~sFebruary

8,

1989 inspection.

The City also asserts that Rochelle Disposal

was not an authorized agent

for

the City

in terms of receiving

process.

Finally,

the City states

that it

is willing

to “waive

any objections

it has regarding any failure

to comply with the

service requirements of Section 31.1(b)”.

Given these circumstances the Board hereby grants

the

Agency~smotion;

the City is substituted for Rochelle Disposal as

respondent

in this matter.

The caption of this Order reflects

this substitution.

A copy of the Administrative Citation is attached hereto.

The Agency alleges that the City has violated Section 2l(p)(5)

of

the Act.

The statutory penalty established for this vioaltion is

$500.00

pursuant

to Section

42(b)(4)

of the Act.

The City has not filed a Petition

for

Review with the Clerk

of the Board.

Therefore, pursuant

to Section 3l.l(d)(l),

the

Board finds that

the City has violated the provision alleged

in

the Administrative Citation.

Since

there is one

(1)

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 City

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:

lnl—15q

---

2

Illinois Environmental Protection

Agency

2200 Churchill Road

Springfield,

IL

62706

IT

Board Member

J.

G. Anderson concurred.

I, Dorothy M.

Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify that

the above Order was adopted on

the

/J~ day of

________________,

1989,

by a vote

of

7

-C

~

7.

Dorothy M//Gunn, Clerk

Illinois P’ollution Control Board