ILLINOIS POLLUTION CONTROL BOARD
February 9,
1995
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Complainant,
)
AC 94-71
)
(Administrative Citation)
v.
)
(IEPA No.
409—94-AC)
ATKINSON LANDFILL COMPANY,
INC.
)
Respondent.
ORDER OF THE BOARD
(by E.
Dunham):
This matter
is before the Board on a “Motion to Withdraw”
filed by respondent on February 3,
1995.
The respondent seeks to
withdraw its petition for review because it has decided not to
contest the citation and has paid the required penalty.
On August 16,
1994,
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).
The Agency alleges that on June 16,
1994,
a facility operated by respondent in the County of Henry
was inspected.
Based on this inspection the Agency alleges that
respondent was in violation of Sections 2l(o)(1), 2l(o)(2),
21(0) (3) and 21(o) (5)
of the Act.
The statutory penalty
established for each violation is $500.00 pursuant to Section
42(b)(4)
of the Act.
Therefore, respondent was subject to a
total penalty of $2,000.00 for the four alleged violations.
The Board hereby grants respondent’s motion to withdraw the
petition for review.
Therefore,
pursuant to Section 31.1(d) (1),
the Board finds that Atkinson Landfill Company,
Inc. violated the
provisions alleged in the Administrative Citation.
Since there
are four
(4) such violations,
the total penalty to be imposed is
$2,000.00.
1.
It is hereby ordered that, unless the penalty has
already been paid,
within 30 days of the date of this
order the respondent 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 $2,000.00 which is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL
62706.
2
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 the violation continues.
This docket is hereby closed.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS
5/41
(1992)), provides for appeal of final orders of the Board
within 35 days of the date of service of this order.
The Rules
of the Supreme Court of Illinois establish filing requirements.
(See also 35 Ill.
Adm. Code 101.246, Motion for Reconsideration.)
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board~~ereby certify that the above order was adopted on the
__________
day of
_________________,
1995,
by a vote of
Dorothy
!4i~Gunn,
Clerk
Illinois ~Pol1ution Control Board