ILLINOIS POLLUTION CONTROL
BOARD
November
29,
1990
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
v.
)
PCB 90—13
(Enforcement)
ABC RAIL CORPORATION,
a Delaware Corporation,
Respondent.
ORDER OF THE BOARD
(R.
C. Flemal):
On November
19,
1990, ABC Rail Corporation (ABC Rail)
filed
a motion to
“Amend
Board Opinion”.
ABC Rail requests that the
Board amend a sentence
in its October
25, 1990 Opinion which
refers
to a $1,000 agreed payment into the Illinois Environmental
Protection Trust Fund as
a
“civil penalty”.
ABC Rail states
in
its motion
that:
~
the Parties agreed that ABC Rail would not
pay a civil penalty, but would make
a monetary payment
for the
purpose of avoiding further administrative and litigation costs”.
(p.
2).
ABC Rail did not admit
to violation of the Illinois
Environmental Protection Act
in the Stipulation and Proposal for
Settlement.
The settlement states that:
“for the purpose of
avoiding the time and cost associated with presenting its
defenses
at a hearing of this matter,
(ABC Rail)
agrees
to pay
one thousand dollars
($1,000)
into the Illinois Environmental
Protection Trust
Fund”.
(Stip.
p.
9).
The settlement does not
refer
to the payment
as a “civil penalty”.
Therefore,
the Board
grants
the motion and will amend the last sentence in the second
paragraph on the first page of the October
25,
1990 Opinion
to
read:
“ABC agrees to pay one thousand dollars
($1,000)
into the
Illinois Environmental Trust Fund”.
IT
IS SO ORDERED.
116—269
—2—
I,
Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
rder was adopted on
the
~27~-
day of
~ ~
1990, by a vote
of
7—p
.
ution Control Board
Illinois
P0.
116—270