ILLINOIS POLLUTION CONTROL BOARD
    April
    27,
    1989
    IN THE MATTER OF
    )
    VILLAGE OF MILLSTADT,
    )
    AC 89-60
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    Marlin):
    This matter comes before
    the Board upon a Motion
    to Amend
    an
    Administrative Citation filed April 21,
    1989,
    by the Illinois
    Environmental Protection Agency (Agency).
    The Respondent has not
    filed
    a Petition
    for Review.
    Pursuant
    to
    a January
    24, 1989
    inspection,
    the Agency filed
    a March 17,
    1989 Administrative Citation
    in which
    the Agency
    assessed
    a penalty of one thousand five hundred dollars
    ($1,500.00)
    for
    three violations of the Environmental Protection
    Act,
    Ill.
    Rev.
    Stat.
    1987,
    ch.
    111 1/2,
    par.
    1021
    (Act).
    Specifically,
    the Respondent was assessed
    a civil penalty
    of five
    hundred dollars
    ($500.00)
    each for violations of uncovered
    refuse
    remaining from a previous operating day,
    failure
    to collect and
    contain litter from the site by the end
    of each operating day,
    and open burning of refuse.
    In its Motion to Amend,
    the Agency states that
    the parties
    have negotiated, that the Respondent plans to close the subject
    facility,
    and that the facility closure shall be in accordance
    with legal
    requirements.
    The Agency further states that the
    State
    is best served by reducing the civil penalty by one
    thousand dollars
    ($1,000.00)
    to allow
    that money to be used
    for
    proper closure of the site.
    The remaining violation
    in the
    proposed Amended Administrative Citation
    is
    for uncovered refuse
    remaining
    from the previous operating day,
    subjecting Respondent
    to
    a civil penalty of
    five hundred dollars ($500.00).
    The Agency’s Motion to Amend
    is hereby granted.
    Respondent
    is given 35 days from the date of this Order to appeal,
    or
    a
    default judgment shall
    be entered
    by the Board.
    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 ________________________,
    1989,
    by
    a vote of
    7-0
    Control Board
    98—355

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