ILLINOIS POLLUTION CONTROL BOARD

March

8,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

AC 89—306

(IEPA No.

10087—AC)

(Administrative Citation)

WALTER ROCKAAANN,

Respondent.

ORDER OF THE BOARD

(by J.

Marlin):

This matter

comes before the Board on a February

26,

1990

motion to withdraw Petition for Review filed by the respondent,

Walter Rockamann.

In support of his motion,

respondent states

that there is “no further dispute between the parties and the

need for

review is mooted.”

On December

29, 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 Walter Rockamann on December

28,

1989.

The Agency

alleges that on November

2,

1989,

Walter Rockamann,

present

operator

of

a facility located in the County of Clinton,

violated

Sections 2l(a)(l) and 2l(q)(3)

of the Act.

The statutory penalty

established for each of these violations

is $500.00 pursuant

to

Section 42(b)(4)

of the Act.

A Petition for Review was filed on February

1,

1990 to

contest the Administrative Citation.

Subsequently,

the Board

allowed the Citation to be amended

to delete the alleged

violation of

2l(q)(3), leaving one violation with a corresponding

reduction

in the civil penalty.

The respondent’s motion to

withdraw the Petition

for Review

is granted.

Therefore, pursuant

to Section 3l.l(d)(l),

the Board finds

that Walter Rockamann 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 Walter

Rockamann shall, by certified check or money order payable

to the

State of Illinois and designated

for deposit into the

109—315

---

—2—

Environmental Protection Trust Fund,

pay

a penalty

in the amount

of $500.00 which

is to be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

Illinois

62706

IT IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk of

the Illinois Pollution Control

Boa,xd~hereby certi~fythat the above Order was adopted on the

~

day of

7,)~

~~L/

,

1990,

by a vote of__________

/7,

~/

_~_~7

72.

Dorothy M. ç~nn,Clerk

Illinois Pc~llutionControl Board

1~9—3.~

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