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

    Back to top