ILLINOIS POLLUTION CONTROL BOARD

March

8,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

V.

)

AC 89—162

(IEPA No. 97—94—AC)

(Administrative Citation)

LAND

& LAKES COMPANY,

)

Respondent.

ORDER OF THE BOARD

(by J. Marlin):

This matter

is before the Board upon its own motion.

A

Petition for Review was filed on August

28,

1989 to contest the

Administrative Citation filed in this case and

a hearing was

authorized.

Subsequently, the Board allowed the Citation to be

amended down to one count with a corresponding reduction

in the

civil penalty.

Upon review of the record,

the Board finds

that the Hearing

Officer

in this matter has stated that no further action appears

to be required and has recommended that the case be closed.

Even

so,

respondent has not filed a motion to dismiss the Petition for

Review.

If the respondent

is not going to contest the remaining

count of the Administrative Citation,

the Board is

required to

make a final

finding of violation pursuant to Section 31.1 of the

Environmental Protection Act in a standard default order.

See,

In the Matter of:

Waste Management

of Illinois,

Inc., AC 88—53,

September

8,

1988.

The Board hereby orders

the respondent, Land

& Lakes Company,

to inform the Board of its intent or

to file a motion to dismiss

Petition for Review with the Board by March 29, 1990.

Failure

to

comply with this order will result

in a standard default order

being entered against the respondent.

IT

IS SO ORDERED.

I, Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Boa d, hereby certify that the above Order was adopted on the

_________day of

f7)A—t~_L’

,

1990,

by

a vote of

‘7~

,~.

~

.,Munn, Clerk

ilution Control Board

1OQ—303