ILLINOIS POLLUTION CONTROL BOARD
Nay 18,
1995
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 95-5
(IEPA Docket
No.
768-94—AC)
ATKINSON LANDFILL COMPANY,
)
(Administrative Citation)
and DONALD MARTIN,
)
Respondents.
ORDER OF THE BOARD
(by E. Dunham):
This matter comes before the Board on a May 8,
1995,
“Motion
to Withdraw”.
The respondents move to withdraw this appeal.
Respondents also filed
a status report with a Motion to File
Instanter.
The Board grants the motion to file instanter and
accepts the status report.
On January 12,
1995, 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 November
18,
1994,
a facility operated by respondent in the County of
Henry was inspected.
Based on this inspection the Agency alleges
that respondents were in violation of Sections 21(o)(3),
21(o) (5),
21(0) (9) and 21(p) (11)
of the Environmental Protection
Act.
(415 ILCS 5/21(0) (3), 21(o)(5),
21(o)(9)
and 21(p) (11).)
The statutory penalty established for each violation is $500.00
pursuant to Section 42(b)(4)
of the Act.
Therefore, respondents
were subject to a total penalty of $2,000.00 for the two 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 and Donald Martin
have violated the provisions alledged in the Administrative
Citation.
Since there are four
(4) such violations, the total
penalty to be imposed is $2,000.00.
It is hereby ordered that, unless the ~ena1tv has already
been paid, within 30 days of the date of this order the
respondents 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:
2
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
This docket is closed.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Bo~d
hereby certif
that the above order was adopted on the
day
of
______________,
1995,
by a vote of
________
~
~.
Dorothy M. ~nn,
Clerk
Illinois P~4utionControl Board