ILLINOIS POLLUTION CONTROL
BOARD
June
7, 1990
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 89—292
(Docket A)
IEPA No.10069-AC
(Administrative Citation)
LAND
& LAKES COMPANY,
Respondent.
ORDER OF THE
BOARD
(by J.
Marlin):
This matter comes before the Board on a May 23, 1990 Motion
to Withdraw Appeal filed by the respondent, Land
& Lakes Company.
Respondent filed its petition for review with the Board on January
17,
1990.
A hearing was held
in this matter on March
23,
1990.
The
Board
hereby
grants
respondent’s
motion
to
withdraw
the
petition
for
review.
Pursuant
to
Section
31.1(d) (1)
of
the
Environmental Protection Act
(Act), the Board will adopt a final
order with the finding of violations and imposition of penalties.
On December
13,
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 the
Land & Lakes Company on December 14, 1989.
The Agency alleges that
on October 19, 1989, the Land & Lakes Company, present operator of
a facility located in the County of Cook, violated Section 21(p) (5)
of the Act.
The statutory penalty established for each violation
is $500.00 pursuant to Section 42(b) (4)
of the Act.
Respondent
has
now
withdrawn
its
petition
for
review.
Therefore, pursuant to Section 31.1(d) (1), the Board finds that the
(respondent)
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 the Land
& Lakes
Company
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:
112—57
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL.
62706.
For
purposes
of
review,
today’s
action
constitutes
final
action on Docket A
in this matter, dealing with the civil penalty
for violation
of
Section
21
of
the Act.
The Clerk
is
hereby
ordered to open Docket B in this matter pertaining to hearing costs
pursuant to Section 42(b)(4)
of the Act.
In addition to the above penalty, Land
& Lakes Company shall
pay any hearing
costs
incurred
by the
Board
and
the Agency.
Therefore, within 30 days of this Order, the Illinois Environmental
Protection Agency shall file a statement of hearing costs with the
Board,
supported by affidavit and with service upon Land
& Lakes
Company.
Within
that
same
30
days,
the Clerk
of the
Pollution
Control
Board
shall
file
a
statement
of
the
Board’s
costs,
supported by affidavit and with service upon Land
& Lakes Company.
Such filings shall be entered
in Docket
B.
Respondent is hereby given leave to file a reply/objection to
the filings
as ordered above within 45 days of this Order.
Section
41
of
the Environmental
Protection
Act,
Ill.
Rev.
Stat.
1987
ch.
111
1/2,
par.
1041,
provides for appeal
of final
Orders of the Board within 35 days.
The Rules of the Supreme Court
of Illinois establish filing requirements.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk
of the Illinois Pollution Control
Board
hereby
certify that
e above
Order
was adopted
on
the
___________
day
of
_________________,
1990,
by
a
vote
of
/
~
1~.
Ill
S
1lut
Control Board
112—58