ILLINOIS POLLUTION CONTROL BOARD
January 25,
1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
AC 89—187
v.
)
(Administrative Citation)
IEPA Case No.
9856-AC
WASTE HAULING LANDFILL,
INC.,
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
This
matter
is
before
the
Board
on
two
motions
filed
on
January
16,
1990.
The Illinois Environmental Protection
Agency
(Agency) filed a motion to amend complaint on its face instanter.
In
support
of
its motion
the
Agency
states
that
a
settlement
agreement has been reached with respondent.
The Agency states that
if the complaint is amencted to dismiss Paragraphs A(iii) and A(vi),
the respondent will withdraw its Petition for Review and transmit
the civil penalty for the remaining violations.
The
respondent,
Waste
Hauling
Landfill,
Inc.,
filed
a
consolidated
response
to
EPA
motion
to
amend
complaints
and
withdrawal
of petitions for review.
The respondent’s state that
the Agency’s motion to amend
implements the settlement agreement
reached by the parties.
The motion also withdraws the Petition
for Review
in this matter,
the withdrawal
to be effective on
the
date the Agency’s motion is granted.
These Agency’s motion
is
granted and the complaint will
be
amended to contain only Paragraphs A(i), A(ii), A(iv), and A(v)
of
the
original complaint.
The respondents motion to withdraw
its
Petition for Review is accepted and effective on the date of this
Order.
The
Board
finds
that
respondent
has violated
Sections
21(p) (5),
21(p) (12),
21(p) (2),
and
21(p) (3),
respectively.
The
statutory
penalty
established
for
each
of
these
violations
is
$500.00 pursuant to Section 42(b) (4)
of the Act.
The total penalty
to
be imposed
is $2,000.00.
It is hereby ordered that, unless the penalty has already been
paid,
within
30
days
of
the
date
of
this
Order
Waste
Hauling
Landfill,
Inc.,
shall,
by certified check
or money order payable
to the
State
of
Illinois
and
designated
for
deposit
into
the
Environmental Proticetion Trust
Fund, pay a penalty
in the amount
of $2,000.00 which
is to be sent to:
107—217
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL.
62706.
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
___________________,
1990,
by a vote of
_____________
Dorothy N. Gunn,
Clerk
Illinois Pollution Control Board
107—218