ILLINOIS POLLUTION CONTROL BOARD

February 23,

1989

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Petitioner,

)

v.

)

AC 88—118

)

IEPA NO.

9327—AC

CLEVENGER CONTRACTORS,

INC.,

Respondent.

ORDER OF THE BOARD

(by J.D.

Durrielle):

This matter comes before

the Board upon

a February

1,

1989,

Motion

t;o Dismiss filed

by the Illinois Environmental Protection

Agency (Agency).

The Agency states that this action was filed

against both Clevenger

Contractors,

Inc.,

and Raymond

L.

Fauber

based on the behalf that Fauber was jointly and severally liable

for

the violations alleged.

However, the Agency has determined

that Fauber

is not culpable

for

the alleged violations

and moved

that he be dismissed from this action.

The Agency’s motion

is hereby granted.

Pursuant

to Section 3l.l(d)(l), the Board finds

that the

Clevenger Contractors,

Inc.

has violated each and every provision

alleged

in the Administrative Citation.

Since

there

are three

(3) violations,

the total penalty

to be imposed

is set at

$1, 500. 00.

It

is hereby ordered

that,

unless the penalty has already

been paid, within

30 days of

the date of this Order

the Clevenger

Contractors,

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 $1,500.00 which

is

to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 churchill Road

Springfield,

IL 62706

IT IS SO ORDEREt~.

96—305

---

—2—

I,

Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board, he~b~ycertify that

t

e above Order was adopted

on

the

_______________

day of

-

,

1989 by

a vote

of

7—

0

.

-

Dorothy

~/

Gunn,

Clerk

Illinois Pollution Control Board

96~-306