ILLINOIS POLLUTION CONTROL BOARD
June 6,
1991
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.
)
PCB
90—62
(Enforcement)
SURE—TAN,
INC.,
an Illinois
)
corporation,
)
Respondent.~
ORDER
OF THE BOARD
(by
J.
C.
Marlin):
This matter is before the Board on Respondent Sure—Tan,
Inc.’s
(“Sure-Tan”) Motion to Reduce Penalty filed May
13,
1991.
The motion “offers to settle this case for $1,000
-
in order that
we may continue the operation of this company.”
The motion also
makes several arguments as to why the $10,000 penalty the Board
imposed upon Sure-Tan in its April
11,
1991 Order is excessive.
To the extent that the filing can be construed as a motion
to reconsider the Board’s Order,
it is denied.
It raises no
issue for the Board’s consideration that was not considered
previously.
Nor is any information regarding the Respondent’s
financial resources,
other than Respondent’s assertion, contained
in this record.
To the extent that the filing seeks to “settle”
the matter with the Board the movant misunderstànds the Board’s
role.
The Board’s role is not as a party to any
settlement
negotiations but as the adjudicator of the case brought before it
by the People of the State of Illinois,
as represented by the
Illinois Attorney General, against Sure—Tan,
Inc.
Therefore,
the
motion to reduce penalty is denied.
The time for payment of
penalty, set forth in our April 11,
1991 Order, begins as of
today’s date.
IT IS SO ORDERED.
J. Theodore Meyer concurred.
I, Dorothy N. Gunn,
Clerk of the
Illinois Pollution Control
Board, hereby certify that the
bove Order was adopted on the
day of _________________________,
1991 by a vote
of
7-
.
~Dorothy N.
G41~n, Clerk
Illinois Pol’lution Control Board
123—05