ILLINOIS POLLUTION CONTROL BOARD
    May
    25,
    1989
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Petitioner,
    v.
    )
    AC 89—2
    FRANK WILNER,
    Respondent.
    ORDER OF THE BOARD
    (by
    J.
    Theodore Meyer):
    This matter comes before
    the Board upon a Motion to ~mend an
    Administrative Citation filed May
    22, 1989
    by the Illinois
    Environmental Protection A~gency (~gency).
    Pursuant
    to
    a November
    7, 1988 inspection,
    the Agency filed
    a January 9,
    1989 Administrative Citation
    in which the Agency
    assessed
    a penalty of Five Hundred Dollars
    ($500)
    for violation
    of Section 2l(p)(5)
    of the Environmental Protection Act (Act)
    (Ill. Rev.
    Stat.
    1987,
    ch.
    111—1/2, par. l021(p)(5))
    and
    a $500
    penalty
    for violation
    of Section 21(p)(ll)
    of the Act
    (Ill.
    Rev.
    9tat.
    1987, ch.
    111—1/2, par. lO2l(p)(ll)).
    Section 2l(p)(5)
    of
    the Act provides
    that
    it
    is
    a violation of
    the Act to operate
    a
    sanitary landfill
    in
    a manner which results
    in “uncovered
    refuse
    remaining from any previous operating day” and Section 21(p)(ll)
    of the Act authorizes the imposition of
    a penalty for the
    “failure
    to submit reports required by permits
    or Board
    regulations.”
    In its Motion to Amend,
    the Agency states
    that, pursuant
    to
    negotiations, respondent has:
    (1)
    reapplied
    for an approved
    closure/post—closure plan;
    (2)
    acknowledged violation of Section
    2l(p)(5)
    of
    the Act; and
    (3) paid
    to the State $500 for violation
    of Section 2l(p)(5)
    of the Act.
    In response,
    the Agency has
    agreed
    to dismiss the violation of Section 21(p)(ll)
    of the
    Act.
    Lastly,
    the Agency states that, on May 18,
    1989,
    it
    received respondent’s payment of $500
    for violation of Section
    21(p)(5)
    of the Act.
    The Agency moves the Board
    to strike the
    violation
    of Section 2l(p)(ll)
    of the Act from the citation an~
    to note payment
    of the $500 penalty.
    The Agency’s Motion
    to Amend
    is hereby granted.
    The alleged
    violation
    of Section 2l(p)(ll)
    of the Act
    is stricken from the
    citation.
    On January 12, 1989,
    respondent filed
    a Petition for
    99—321
    —2—
    Review contesting the citation.
    Given
    the Board’s granting of
    the Agency’s Motion
    to Amend,
    respondent’s Petition for Review
    is
    hereby dismissed.
    Respondent acknowledges violation of Section 2l(p)(5)
    of the
    Act and does not contest this provision of the Administrative
    Citation.
    The Board finds that respondent has violated Section
    21(p)(5) of
    the Act.
    Pursuant
    to Section 42(b)(4)
    of
    the Act,
    a
    penalty of $500
    is imposed for this violation.
    The Board notes
    that respondent has paid the $500 penalty imposed
    for violation
    of Section 2l(p)(5)
    of
    the. Act.
    IT
    IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,J~er~ycertify that the above Order was adopted
    on
    the
    ,5
    day of
    7~_~—
    ,
    1989, by
    a vote of
    7~
    ‘Dorothy M7/Gunn, Clerk
    Illinois ~o11ution Control Board
    9
    q—.
    322

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