ILLINOIS POLLUTION CONTROL BOARD
August
18,
1982
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
v.
)
PCB 81—143
RONALD WHEELER AND ROBERT WHEELER,
)
individually, and doing business as
)
WHEELER GARAGE AND COAL HANDLING
OPERATION,
)
Respondents.
ORDER OF THE BOARD
(by
I.
G.
Goodman):
On July 15,
1982 the Illinois Environmental Protection
Agency
(Agency)
filed a Motion for Reconsideration of the Board’s June
10,
1982 Order herein.
In that Order the Board rejected a proposed
settlement providing for deposit of the stipulated penalty into
the Environmental Protection Trust Fund, as established by P.A.
81—951, questioning the statutory authority to have penalties
imposed by the Board paid into this trust fund.
The Board finds
some of the arguments presented by the Agency in its Motion for
Reconsideration to be potentially persuasive and will therefore
grant reconsideration.
The Board will reconsider
its June
10,
1982 Order and will either affirm the Order, modify the Order,
or decide the case as it stands.
IT IS SO ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control Bo~rd,hereby certify that the above Order was adopted
on the
______
day of
_______________,
1982 by a vote of
______
~
~
Christan L. Moffe’,,tc~lerk
Illinois Pollution Control Board
47-527