ILLINOIS POLLUTION CONTROL BOARD
    August
    8, 1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    AC 90-26
    Dockets A
    & B
    v.
    )
    (IEPA Case No.
    134—90—AC)
    (Administrative Citation)
    ESG WATTS,
    INC.,
    a foreign
    Corporation licensed in
    Illinois
    Respondent.
    ORDER OF THE BOARD
    (By J.
    C. Marlin):
    This matter conies before the Board on a July 30,
    1991 motion
    to amend Administrative Citation filed by the Illinois
    Environmental Protection Agency (Agency), and a July 31,
    1991
    response to Agency motion to amend Administrative Citation filed
    by ESG Watts,
    Inc.
    In support of its motion to amend the Agency
    states that it has agreed with respondent to delete the two
    alleged violations of Section 21(p) (12)
    of the Environmental
    Protection Act
    (Act).
    In addition, the Agency wishes to amend
    the civil penalty to reflect the reduction in alleged violations.
    ESG Watts response supports the Agency’s motion and further
    agrees and moves to withdraw its Petition for Review contesting
    the remaining counts in the Administrative Citation.
    The Agency’s motion to amend the number of alleged
    violations and the amount of the requested civil penalty is
    granted.
    ESG Watts motion to withdraw its Petition for Review is
    also granted.
    On March 30,
    1990, the Agency filed an Administrative
    Citation pursuant to Section
    31..
    of the Act.
    A copy of that
    Administrative Citation is attached hereto, but will not be
    printed in the Board’s Opinion Volumes.
    Service of the
    Administrative Citation was made upon ESG Watts, Inc. on March
    •28, 1990.
    The Agency alleges in the amended Administrative
    Citation that
    ESG Watts,
    Inc.,
    present owner and/or operator of
    a facility located in Sangamon County and commonly known to the
    Agency as Sangamon Valley Landfill, on January 29,
    1990, violated
    Sections 21(p)(1) and 21(p)•(5)of the Act and that on February 9,
    1990, violated Section 21(p) (1), 21(p) (2),
    21(p) (3), and 21(p) (5)
    of the Act.
    The statutory penalty established for each of these
    violations
    is $500.00 pursuant to Section 42(b) (4)
    of the Act.
    1 7~—L~
    ESG Watts,
    Inc.
    has withdrawn its Petition for Review in
    this matter.
    Therefore, pursuant to Section 31.1(d) (1)
    ,,
    the
    Board finds that ESG Watts, Inc.has violated each and every
    provision alleged in the amended Administrative Citation.
    Since
    there are six
    (6)
    such violations, the total penalty to be
    imposed is set at $3,000.00.
    It is hereby ordered that, unless the Denalty has already
    been Daid,
    within 30 days of the date of this Order, ESG Watts,
    Inc.
    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 $3,0~O.00which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    Respondent shall also place their Social Security Number or
    Federal Employer Identification Number upon the certified check
    or money order.
    Any such penalties not paid within the time prescribed shall
    incur interest at the rate set forth in subsection
    (a)
    of Section
    1003 of the Illinois Income Tax Act,
    (Ill. Rev.
    Stat.
    1989,
    ch.
    120,
    par.
    10—1003), from the date payment is due until the date
    payment is received.
    Interest shall not accrue during the
    pendency of an appeal,
    during which payment of the penalty is
    stayed.
    Docket A in this matter
    is hereby closed.
    The Clerk of the
    Board is hereby ordered to open Docket B in this matter.
    Within 30 days of this Order, the Agency shall file a
    statement of its hearing costs, supported by an affidavit, with
    the Board and with service upon Respondent.
    Within the same 30
    days, the Clerk of the Pollution Control Board shall file a
    statement of the Board’s costs, supported by affidavit and with
    service upon Respondent.
    Such filings shall be entered in Docket
    B in this matter.
    Respondent
    is hereby given leave to file a reply/objection
    to the filings as ordered in the above paragraph within 45 days
    of this Order.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat. 1989,
    ch.
    111 1/2,
    par.
    1041, provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    125—44
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby
    certify t~t
    the
    above
    Order
    was
    adopted
    on
    the
    __________
    day
    of
    ________________,
    1991,
    by
    a
    vote
    of
    ~
    Y2~.
    ~Dorothy
    N.
    G,u)in, Clerk
    Illinois Po~JutionControl Board
    125—45

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