ILLINOIS POLLUTION CONTROL BOARD

June 6,

1991

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

V.

)

PCB

90—62

(Enforcement)

SURE—TAN,

INC.,

an Illinois

)

corporation,

)

Respondent.~

ORDER

OF THE BOARD

(by

J.

C.

Marlin):

This matter is before the Board on Respondent Sure—Tan,

Inc.’s

(“Sure-Tan”) Motion to Reduce Penalty filed May

13,

1991.

The motion “offers to settle this case for $1,000

-

in order that

we may continue the operation of this company.”

The motion also

makes several arguments as to why the $10,000 penalty the Board

imposed upon Sure-Tan in its April

11,

1991 Order is excessive.

To the extent that the filing can be construed as a motion

to reconsider the Board’s Order,

it is denied.

It raises no

issue for the Board’s consideration that was not considered

previously.

Nor is any information regarding the Respondent’s

financial resources,

other than Respondent’s assertion, contained

in this record.

To the extent that the filing seeks to “settle”

the matter with the Board the movant misunderstànds the Board’s

role.

The Board’s role is not as a party to any

settlement

negotiations but as the adjudicator of the case brought before it

by the People of the State of Illinois,

as represented by the

Illinois Attorney General, against Sure—Tan,

Inc.

Therefore,

the

motion to reduce penalty is denied.

The time for payment of

penalty, set forth in our April 11,

1991 Order, begins as of

today’s date.

IT IS SO ORDERED.

J. Theodore Meyer concurred.

I, Dorothy N. Gunn,

Clerk of the

Illinois Pollution Control

Board, hereby certify that the

bove Order was adopted on the

day of _________________________,

1991 by a vote

of

7-

.

~Dorothy N.

G41~n, Clerk

Illinois Pol’lution Control Board

123—05