ILLINOIS POLLUTION CONTROL
    BOARD
    June
    7, 1990
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 89—292
    (Docket A)
    IEPA No.10069-AC
    (Administrative Citation)
    LAND
    & LAKES COMPANY,
    Respondent.
    ORDER OF THE
    BOARD
    (by J.
    Marlin):
    This matter comes before the Board on a May 23, 1990 Motion
    to Withdraw Appeal filed by the respondent, Land
    & Lakes Company.
    Respondent filed its petition for review with the Board on January
    17,
    1990.
    A hearing was held
    in this matter on March
    23,
    1990.
    The
    Board
    hereby
    grants
    respondent’s
    motion
    to
    withdraw
    the
    petition
    for
    review.
    Pursuant
    to
    Section
    31.1(d) (1)
    of
    the
    Environmental Protection Act
    (Act), the Board will adopt a final
    order with the finding of violations and imposition of penalties.
    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
    Land & Lakes Company on December 14, 1989.
    The Agency alleges that
    on October 19, 1989, the Land & Lakes Company, present operator of
    a facility located in the County of Cook, violated Section 21(p) (5)
    of the Act.
    The statutory penalty established for each violation
    is $500.00 pursuant to Section 42(b) (4)
    of the Act.
    Respondent
    has
    now
    withdrawn
    its
    petition
    for
    review.
    Therefore, pursuant to Section 31.1(d) (1), the Board finds that the
    (respondent)
    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 Land
    & Lakes
    Company
    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:
    112—57
    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 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, Land
    & Lakes Company 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 Land
    & Lakes
    Company.
    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 Land
    & Lakes Company.
    Such filings shall be entered
    in Docket
    B.
    Respondent is 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.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board
    hereby
    certify that
    e above
    Order
    was adopted
    on
    the
    ___________
    day
    of
    _________________,
    1990,
    by
    a
    vote
    of
    /
    ~
    1~.
    Ill
    S
    1lut
    Control Board
    112—58

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