ILLINOIS POLLUTION CONTROL BOARD
    January 10, 1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    AC 89—289
    (Dockets A
    &
    B)
    v.
    )
    (IEPA Case No.
    10066—AC)
    (Administrative Citation)
    JAMES GILMER,
    )
    Respondent.
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    AC 89-290
    (Dockets A
    &
    B)
    v.
    )
    (IEPA Case No.
    10067-AC)
    )
    (Administrative Citation)
    ARCHER-DANIELS-MIDLAND,
    )
    Respondent.
    ORDER OF THE
    BOARD
    BY
    (J.
    C. Marlin):
    This matter comes before the Board on a January
    4,
    1991
    “Motion For Leave to Withdraw Petition For Review”
    filed by
    the
    respondents, James Gilmer and Archer—Daniels—Midland.
    The
    Illinois Environmental Protection Agency
    (Agency)
    filed these
    administrative citations with the Board on December 13,
    1989.
    James Giliner filed a petition for review with the Board on
    January 8,
    1990.
    Archer-Daniels-Midland filed a petition for
    review with the Board on January 16,
    1990.
    The Board granted the
    complainants’ motion to consolidate on March 22,
    1990.
    A hearing
    was held in this matter on July 31,
    1990.
    The Board hereby
    grants respondents’ motion to withdraw the petition for review.
    On December 13,
    1989,
    two Administrative Citations were
    filed with the Board pursuant to Section 31.1 of the Illinois
    Environmental Protection Act
    (Act)
    by the Illinois Environmental
    Protection Agency.
    A copy of those Administrative Citations is
    attached hereto, but will not be printed in the Board’s Opinion
    Volumes.
    Service of the Administrative Citations was made upon
    James Gilmer and Archer-Daniels-Midland on December 13,
    1989.
    The Agency alleges in AC 89-289 that on October 16,
    1989, James
    Gilmer, present operator of a facility located in the County of
    Douglas, violated Section 21(
    q) (1) of the Act.
    In AC 89-290 the
    Agency alleges that Archer-Daniels—Midland violated Section
    118—51
    2l(q)(l)
    of the Act.
    The statutory penalty established for each
    violation is $500.00 pursuant to Section 42(b)(4)
    of the Act.
    The respondents have now withdrawn their petitions for
    review.
    Therefore, pursuant to Section 31.1(d) (1), the Board
    ~finds that James Gilmer has violated the provisions alleged in
    the AC 89-289.
    The Board also finds that Archer-Daniels-Midland
    has violated the provisions alleged in AC 89-290.
    Since there
    is one
    (1) violation in AC 89-289 and one
    (1) violation in AC 89-
    290, the total penalty to be imposed on James Gilmer is $500.00
    and the total penalty to be imposed on Archer-Daniels-Midland is
    $500. 00.
    It is hereby ordered that, unless the penalties have already
    been paid, within 30 days of the date of this Order James Gilmer
    and Archer-Daniels-Midland 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 $500.00 each, which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL.
    62706.
    For purposes of review, today’s action constitutes final
    action on Docket A in this matter, dealing with the civil penalty
    for
    a violation of Section 21 of the Act.
    The Clerk is hereby
    ordered to open Docket B in this matter pertaining to hearing
    costs pursuant to Section 42(b) (4)
    of the Act.
    In addition to the above penalty, James Giliner and Archer-
    Daniels-Midland shall pay any hearing costs incurred by the Board
    and the Agency.
    Therefore, within 30 days of this Order, the
    Illinois Environmental Protection Agency shall file a statement
    of hearing costs with the Board, supported by affidavit and with
    service upon James Gilmer and upon Archer—Daniels—Midland.
    Within that 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 James Gilmer and upon Archer—
    Daniels-Midland.
    Such filings shall be entered in Docket
    B.
    Respondents are hereby given leave to file a reply/objection
    to the filings as ordered above within 45 days of this Order.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987 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.
    118—52
    IT
    IS
    SO
    ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    at the above Order was adopted on the
    __________
    day of
    ________________,
    1991, by a vote of
    ~
    Illinois Po’llution Control Board
    118—53

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