ILLINOIS POLLUTION CONTROL

BOARD

November

29,

1990

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

PCB 90—13

(Enforcement)

ABC RAIL CORPORATION,

a Delaware Corporation,

Respondent.

ORDER OF THE BOARD

(R.

C. Flemal):

On November

19,

1990, ABC Rail Corporation (ABC Rail)

filed

a motion to

“Amend

Board Opinion”.

ABC Rail requests that the

Board amend a sentence

in its October

25, 1990 Opinion which

refers

to a $1,000 agreed payment into the Illinois Environmental

Protection Trust Fund as

a

“civil penalty”.

ABC Rail states

in

its motion

that:

~

the Parties agreed that ABC Rail would not

pay a civil penalty, but would make

a monetary payment

for the

purpose of avoiding further administrative and litigation costs”.

(p.

2).

ABC Rail did not admit

to violation of the Illinois

Environmental Protection Act

in the Stipulation and Proposal for

Settlement.

The settlement states that:

“for the purpose of

avoiding the time and cost associated with presenting its

defenses

at a hearing of this matter,

(ABC Rail)

agrees

to pay

one thousand dollars

($1,000)

into the Illinois Environmental

Protection Trust

Fund”.

(Stip.

p.

9).

The settlement does not

refer

to the payment

as a “civil penalty”.

Therefore,

the Board

grants

the motion and will amend the last sentence in the second

paragraph on the first page of the October

25,

1990 Opinion

to

read:

“ABC agrees to pay one thousand dollars

($1,000)

into the

Illinois Environmental Trust Fund”.

IT

IS SO ORDERED.

116—269

---

—2—

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif

rder was adopted on

the

~27~-

day of

~ ~

1990, by a vote

of

7—p

.

ution Control Board

Illinois

P0.

116—270