ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1990
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    AC 89—288
    v.
    )
    (IEPA Case No.10065—AC)
    (Administrative Citation)
    MULTI-COUNTY LANDFILL,
    Respondent.
    ORDER OF THE BOARD BY
    (J.
    C. Marlin):
    This matter comes before the
    Board
    on the October
    30,
    1990
    “motion to withdraw complaint” filed by the Illinois Environmental
    Protection Agency
    (Agency).
    In support of its motion the Agency
    stated that of two
    alleged violations, respondent acknowledged one
    and filed a Petition for Review to contest the other.
    At this time
    the Agency would like to withdraw the contested allegation because
    it
    “is
    not
    appropriate
    subject
    matter
    for
    an
    Administrative
    Citation.”
    The respondent,
    Multi-County
    Landfill
    (Multi-County),
    filed
    a
    response
    on
    October
    31,
    1990.
    In
    its
    “motion
    to
    dismiss
    administrative complaint with prejudice”, Multi-County stated that
    the
    contested
    violation
    is
    appropriate
    subject
    matter
    for
    an
    administrative citation but agrees that the matter be dismissed.
    Multi-County also states that due to Agency delays in bringing the
    matter to hearing the dismissal should be with prejudice.
    The
    Board
    has
    customarily
    allowed
    the
    complainant
    in
    an
    administrative citation proceeding
    to
    amend
    and
    withdraw,
    in
    a
    timely manner,
    a complaint as the complainant sees
    fit
    to do.
    The
    Board
    hereby
    grants
    the
    Agency’s
    motion
    to
    withdraw
    the
    violation alleged in paragraph A(2) of the administrative citation.
    The Board finds that no basis for granting dismissal with prejudice
    has been stated and denies the respondent’s motion for dismissal
    with prejudice.
    The Petition for Review
    is moot.
    On December
    13,
    1989,
    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).
    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 the
    Multi-County Landfill
    on December
    12,
    1989.
    The Agency alleges
    that
    on
    October
    16,
    1989,
    the
    Multi-County
    Landfill,
    present
    operator of a facility located
    in
    the County of Douglas, violated
    Sections 21(p)
    (5)
    and
    21(p)
    (7)
    of the Act.
    The statutory penalty
    established
    for
    each violation
    is
    $500.00
    pursuant
    to
    Section
    116—115
    42(b)(4)
    of the Act.
    Respondent filed
    a petition
    for review of Paragraph A(2)
    of
    the administrative citation, alleging violation of Section 21(p) (7)
    of the Act, on January 12,
    1990.
    Subsequently, the Board allowed
    the
    administrative
    citation
    to
    be
    amended
    and
    withdrew
    the
    violation
    alleged
    in
    paragraph
    A(2).
    The
    amendment
    to
    the
    administrative citation mooted the Petition for Review.
    Therefore,
    pursuant to Section
    31.1(d) (1),
    the Board
    finds that the Multi-
    County Landfill has violated the provisions alleged in the amended
    Administrative Citation.
    Since there
    is one
    (1)
    such violation,
    the total penalty to be imposed is $500.00.
    It is hereby ordered that, unless the penalty has already been
    paid,
    within
    30 days of the date of this Order the Multi-County
    Landfill 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 which
    is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL.
    62706.
    This docket is closed.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby
    certify tj~j~the
    above
    Order
    was adopted on
    the
    __________
    day
    of
    _________________,
    1990,
    by
    a
    vote
    of
    7-0
    .
    Control Board
    116—116

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