ILLINOIS POLLUTION CONTROL BOARD
January
25, 1990
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
AC 89—203
V.
)
(Administrative Citation)
)
IEPA
Case
No. 9889-AC
~?ASTEHAULING LANDFILL,
INC.,
)
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
This
matter
is
before
the
Board
on
two
motions
filed
on
January
16,
1990.
The Illinois Environmental Protection Agency
(Agency)
filed a motion to amend complaint on its face instanter.
In
support
of
its
motion
the
Agency
states
that
a
settlement
agreement has been reached with respondent.
The Agency states that
if
the
complaint
is
amended
to
dismiss
Paragraph
A(iii),
the
respondent will withdraw its Petition for Review and transmit the
civil penalty for the remaining violations.
The
respondent,
Waste
Hauling
Landfill,
Inc.,
filed
a
consolidated
response
to
EPA
motion
to
amend
complaints
and
withdrawal
of petitions for review.
The respondent’s state that
the Agency’s motion to amend implements the settlement
agreement
reached
by the parties.
The motion
also withdraws the Petition
for Review in this matter,
the withdrawal
to be effective
on the
date the Agency’s motion
is granted.
These motions are granted.
The complaint will be amended to
contain only Paragraphs
A(i)
and A(ii)
of the original complaint.
The respondents motion to withdraw is accepted and effective on the
date of this Order.
The Board finds that respondent has violated
Sections
21(p)(5),
and
2l(p)(l2),
respectively.
The
statutory
penalty
established
for
each
of
these
violations
is
$500.00
pursuant to Section 42(b)(4)
of the Act.
The total penalty to be
imposed is
$1,000.00.
It is hereby ordered that, unless the penalty has already been
paid,
within
30
days
of
the
date
of
this
Order
Waste
Hauling
Landfill,
Inc.,
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 $1,000.00 which
is to be sent
to:
107—2 23
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 that the above Order was adopted on the
_____
day of
_________________,
1990,
by a vote of
____________
Dorothy M. Gunn,
Clerk
Illinois Pollution Control Board
107—224