ILLINOIS POLLUTION CONTROL BOARD
    January
    19,
    1989
    IN THE MATTER OF:
    CITY OF LEROY,
    )
    AC 88—96
    (IEPA Docket No. 9266—AC)
    Respondent.
    ORDER OF THE BOARD
    (by 3. Anderson):
    On January 13,
    1989,
    the Illinois Environmental Protection
    Agency
    (Agency)
    filed
    a motion to amend
    the Administrative
    Citation,
    filed November
    17,
    1988
    to
    a)
    delete one of
    the three
    allegations, namely Paragraph A (iii),
    b)
    reduce the civil
    penalty
    to $1000, and
    c)
    enter an Order
    noting the City of
    LeRoy’s
    (City)
    acknowledgment and payment of the civil penalty
    as
    amended.
    The Agency’s motion
    to delete one allegation and correct the
    penalty accordingly
    is granted.
    The Board
    notes
    that on January
    5,
    1989,
    it ordered
    the City
    to pay
    a $1500 penalty, based on three violations.
    The Board will also construe
    the Agency’s motion as
    a
    request
    to amend
    the January
    5,
    1989 Order;
    that motion
    is
    granted.
    Accordingly,
    the Board’s Order
    of January
    5,
    1989,
    is
    amended.
    Pursuant
    to Section 3l.l(d)(l), the Board
    finds
    that
    the City of LeRoy has violated Sections
    21(p)(5) and 2l(p)(q)
    of
    the Illinois Environmental Protection Act
    (Act)
    as alleged
    in the
    Agency’s amended Administrative Citation.
    Since Section 42(b)(4)
    of the Act imposes
    a $500.00 penalty for each of these
    two
    violations,
    the total penalty to be imposed
    in this case
    is set
    at $1,000.00.
    It
    is hereby ordered
    that, unless the penalty has already
    been paid
    as
    indicated by the Agency, within
    30 days of
    the date
    of this Order the City of LeRoy 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:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    IT
    IS SO ORDERED.
    9
    5—36
    5
    —2—
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certfy
    that the above Order was adopted on
    the
    /~-
    day of
    (
    ,
    1989,
    by
    a vote of
    7~O
    Illi
    S
    Ut
    Control Board
    95—366

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