ILLIi’~OIS POLLUTIOi’~ CONTROL BOARD
September
4,
1987
IN THE MATTER OF:
THE VILLAGE OF RANTOUL,
a
)
AC
86-16
Municipal Corporation
in
)
IEPA 8187
-
AC
State
of Illinois
ORDER OF THE BOARD
(by J.D.
Dumelle):
This matter comes before the Board upon
an August
27,
1987,
motion
to dismiss
filed
by
the Illinois Environmental Protection
Agency
(Agency).
The Agency originally
filed
the Administrative
Citation
on December
15,
1986,
and served the Respondent
on the
same date.
The Administrative Citation contained allegations of
violations
of Sections 2l(p)(5),
21(p)(9),
and 2l(p)(l2)
of the
Environmental Protection Act
(Act).
The Respondent acknowledged
violations
of
Sections 2l(p)(5)
and 21(p)(l2),
and paid
the
statutory civil penalty.
The Respondent filed
a petition for
review with respect
to the alleged violation
of Section
2l(p)(9)
of the Act.
Hearing
on the Respondent’s petition for review was
held July
7,
1967.
During hearing, Respondent produced
a permit
issued by the Agency’s Division of hater Pollution Control.
The
Agency states
in its August
27 motion that the Administrative
Citation was brought by
its Division of Land Pollution Control
and
that the Agency representative pursuing this action was
unaware of
the water Pollution Control Permit.
The Agency
contends
that had the Division of Land Pollution Control been
aware of
the permit,
the Agency would
riot have
alleged the
violation which was the subject
of the hearing
of July
7,
1987.
The Agency, therefore,
now moves
for dismissal.
Tne Agency’s motion
is hereby granted.
As the Respondent
has paid its statutory civil penalties,
this proceeding
is
dismissed.
IT
IS
SO ORDERED.
I,
Dorothy
t~i.
Gunn, Cle~kof
the Illinois Pollution Control
Board, he5,eby1certify that ~.h~_~bove Order was adopted
on
the
____________
cay
of~~
~2??(~
1987
by a vote
of
_____________.
/7
//
Dorothy
M. G~~hn,Clerk
Illinois Pol~ution Control Board
81—73