ILLINOIS POLLUTION CONTROL BOARD
April
12,
1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
V.
)
AC 89—175
IEPA No.9820-AC
(Administrative Citation)
STRYKER INTERNATIONAL,
INC.,
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
This matter comes before the Board on a March 16,
1990 motion
to dismiss
Petition for Review
filed by the respondent,
Stryker
International.
In support
of his motion respondent
states that
the contested allegations were removed from the complaint and “this
matter
is now moot.”
On August 10,
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
Stryker International on August
8,
198.9.
The Agency alleges that
on
June
9,
1989,
Stryker
International,
present
operator
of
a
facility located in the County of Cook, violated Sections 21(p) (5)
and
21(p) (9)
of the
Act.
The statutory penalty established for
each violation is $500.00 pursuant to Section 42(b) (4) of the Act.
A
Petition
for
Review
was
filed
on
September
8,
1989
to
contest
the
Administrative
Citation.
Subsequently,
the
Board
allowed the Citation to be amended to delete the alleged violation
of 2l(p)(9),
leaving one violation with
a corresponding reduction
in civil penalty.
The respondent’s motion to dismiss the Petition
for Review is granted.
Therefore,
pursuant to
Section
3l.l(d)(1),
the Board
finds
that Stryker International 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
Stryker
International 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
110—75
of $500.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL.
62706.
IT IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk
of the Illinois Pollution Control
Board,
hereby
certify
th,~at the
above
Order
was
adopted
on
the
/~7i
day
of
_________________,
1990,
by
a
vote
of
~
.
Dorothy M.?unn,
Clerk
Illinois Pollution Control Board
110—76