ILLINOIS POLLUTION CONTROL BOARD
June
7,
1990
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
Complainant,
v.
)
AC 89—245
IEPA No.9996-AC
(Administrative Citation)
BOB WHITE d/b/a WHITE
SALVAGE,
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
This matter comes before the Board on a May 29, 1990 motion
to dismiss petition for review filed by the respondent,
Bob White
d/b/a White Salvage.
In support
of the motion respondent states
that
the
matter
has
been
settled
following
amendment
of
the
original complaint on March 22, 1990.
The Board received a letter
from the Illinois Environmental Protection Agency on May
9,
1990
which confirms that the matter has been settled.
On November 8,
1989, an Administrative Citation was filed with
the Board pursuant to Section 31.1 of the Illinois Environmental
Protection
Act
(Act)
by
the
Illinois
Environmental
Protection
Agency
(Agency).
A
copy
of
that
Administrative
Citation
is
attached hereto,
but will
not be printed
in the Board’s Opinion
Volumes.
Service of the Administrative Citation was made upon Bob
White d/b/a White Salvage on November 7,
1989.
The Agency alleges
that on September 20,
1989, Bob White d/b/a White Salvage, present
operator of a facility
located in the County of Marion,
violated
Sections 21(q) (1) and 21(q) (3) of the Act.
The statutory penalty
established
for
each
violation
is
$500.00
pursuant
to
Section
42(b) (4)
of the Act.
A
petition
for
review
was
filed
on
December
11,
1989.
Subsequently,
the
Board
allowed
the Citation
to
be
amended
to
delete
Paragraph
A(2)
of
the complaint
alleging
a violation
of
2l(q)(3). The Board hereby grants respondent’s motion to dismiss
the petition for review.
Therefore,
pursuant to Section
31.l(d)(1),
the Board
finds
that Bob White
d/b/a
White
Salvage has
violated
the provisions
alleged
in the amended Administrative Citation.
Since there
is
one
(1) such violation, the total penalty to be imposed is $500.00.
It is hereby ordered that, unless the penalty has already been
paid,
within 30
days of the date
of
this Order
Bob White d/b/a
112—55
White Salvage 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:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL.
62706.
This docket is closed.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Boa~~,hereby
certify
that
the
above
Order
was
adopted
on the
/~
day
of
_________________,
1990,
by
a
vote
of
Dorothy M,lGunn, Clerk
Illinois ~ollution
Control Board
112—56