ILLINOIS POLLUTION CONTROL BOARD
    October 3, 1996
    MONTGOMERY COUNTY,
    Complainant,
    v.
    ENVOTECH-ILLINOIS,
    Respondent.
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    AC 96-51
    (Administrative Citation)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a September 19, 1996 Motion for Reconsideration
    filed by Envotech-Illinois (Envotech) within the statutory 35-day deadline, pursuant to Section
    41 of the Illinois Environmental Protection Act (415 ILCS 5/41 (1994) (Act). Envotech is
    requesting the Board to reconsider the Board’s September 5, 1996 decision which found
    Envotech in violation of Sections 21(o)(5) and 21(o)(12) of the Act. Complainant,
    Montgomery County, did not file a response. The Board grants Envotech’s motion for
    reconsideration.
    The administrative citation was originally filed by Montgomery County on May 21,
    1996, and Envotech filed its petition for review on June 17, 1996. The parties reached a joint
    stipulation and settlement agreement which was filed September 3, 1996 wherein Envotech
    admitted to two counts of failure to collect and contain litter at its landfill in violation of
    Section 21(o)(12) of the Act. The stipulation and settlement further stated that Montgomery
    County dismissed the remaining violations of the Administrative Citation, namely, one
    allegation of litter and three allegations of uncovered refuse. (415 ILCS 5/21(o)(5) and
    5/21(o)(12).) However, the Board’s September 5, 1996 opinion and order stated that Envotech
    admitted to one count of violation of Section 5/21(o)(5) and one count of violation of Section
    21(o)(12). As a result of this error, the Board hereby vacates its prior order, and sets forth
    below a revised order to reflect that Envotech admitted to two counts of failure to collect and
    contain litter at its landfill in violation of Section 21(o)(12) of the Act.
    In its motion for reconsideration, Envotech also agrees to pay the statutory penalty of
    $1,000 in full; however, Envotech requests that the time period by which to pay its penalty be
    extended to thirty days from the date of this order. The Board grants this request.
    For the convenience of the parties the Board has set forth below an amended order in
    its entirety.
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    ORDER
    1.
    It is hereby ordered that, unless the penalty has already been paid by November
    4, 1996, respondent shall, by certified check or money order payable to Montgomery
    County Treasurer, pay a penalty in the amount of $1,000, which shall be sent to:
    Attn: Ms. Amy Stewart, Director
    Montgomery County Health Department
    South Route 185
    Hillsboro, Illinois 62049
    2.
    Respondent shall include the remittance form and write the case name and
    number and its social security or federal employer identification number on the
    certified check or money order.
    3.
    Penalties unpaid after the due date shall accrue interest pursuant to Section
    42(g) of the Illinois Environmental Protection Act.
    4.
    Payment of this penalty does not prevent future prosecution if violations
    continue.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order to the
    Appellate Court.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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