ILLINOIS POLLUTION CONTROL BOARD

November

29,

1990

TAZEWELL COUNTY and

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

v.

)

 AC 90—40

(Administrative Citation)

)

 (Tazewell Docket No.

 90—EH—3)

STEVE ZIMMERMAN and WASTE

)

LTD.,

 INC.,

Respondents.

ORDER OF THE BOARD

 (by J. Anderson):

On July

27,

 1990, Steve Zimmerman and Waste

 Ltd.,

 Inc.

 (“Z

& W”)

 filed a Motion to Dismiss.

 The motion comes

 in response

to

the May

21,

 1990 filing of an Administrative Citation by Tazewell

County pursuant

 to a delegation agreement with the Illinois

Environmental Protection Agency (“Agency”).

 On August

30,

1990

the Board issued an order directing the Tazewell County

(“Tazewell”)

 and the Agency to file their

 responses

 to the Motion

to Dismiss by September

20,

 1990.

 On September

27,

 1990,

the

Board granted the Agency’s September

20,

 1990 motion for an

extension of time

 in which to file its

 response,

 and directed

it

to file its response by October

31,

 1990.

 On October

30,

 1990,

the Agency filed

 its response.

In its response,

 the Agency states that

 it would not have

brought this action because

 the violations charged

 in the

Administrative Citation

 (i.e., violations of

 21(p)(ll)

 of the

Illinois Environmental Protection Act

 (“Act”)

 for failure to

timely submit reports and fees)

 are the subject of an agreement

between

it

and the

Z

 & W.

 A review of

 the Agency’s response

reveals that,

 prior

 to the filing of the complaint in this case,

the Agency determined that

Z

 & W failed to file the reports and

fees required by

35

 Ill.

 Adrn.

 Code 858.3073,

 858.3083, and

858.401(a).

 On March

15,

 1990,

 it sent

 a second notice of the

violations to

Z

&

W.

 On May 17,

 1990,

 the Agency completed the

execution of its agreement with

Z

&

 W with regard to the

delinquent reports and fees,

 and that,

 to date,

Z

 & ~ have

complied with the agreement.

Because the Board wishes the Agency to clarify its response,

the Board asks the Agency

 to provide the following

 information:

116—337

—2—

1.

 Is the Agency recommending that this matter be dismissed

because

 it considers that no violations

 of the Act have

occurred as

a

 result of

 its agreement with

Z

 & W?

2.

 Section 4(r)

 of the Act states that delegation

agreements shall require that the work performed

thereunder

(

 i.e.

 inspecting,

 investigating, and

enforcement functions)

 be subject to the Agency’s

review.

 Is the Agency’s statement made pursuant to this

Section 4(r)

 review authority to disapprove Tazewell’s

Administrative Citation?

3.

 A copy of the Delegation Agreement.

The Agency’s response

 to the above questions and the copy of the

Delegation Agreement should be received by the Board on or before

December

13,

 1990.

IT IS SO ORDERED.

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

 day of

~

 1990, by

 a vote of

 7~’

/L~~~/

Dorothy N. Gunn,

 Clerk

Illinois Pollution Control Board

~

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