ILLINOIS POLLUTION CONTROL BOARD
    January 27,
    1983
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 80—ill
    )
    CATERPILLAR TRACTOR CO.
    (MOSSVILtE),
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    I.
    G. Goodman):
    On January
    4,
    1983 the Illinois Environmental Protection
    Agency (Agency)
    filed a Motion for Reconsideration of the Board’s
    Final Order
    in this matter.
    Caterpillar Tractor Co.
    (Caterpillar)
    filed a response on January
    18,
    1983.
    The Agency argues that
    since the Board found that Caterpillar had violated its NPDES
    permit, a penalty should be imposed, or at the very least a cease
    and desist order.
    Caterpillar responded that imposition of either
    falls within the discretionary powers of the Board.
    Caterpillar’s argument is correct.
    Based on the record,
    it
    appeared that the violations occurred during construction and that
    this same construction was intended to and did correct the cause
    of these violations.
    Therefore,
    imposition of a cease and desist
    order now is not necessary
    to assure that these same violations
    do not occur.
    The reason for not imposing a penalty was discussed
    in the December
    2,
    1982 Opinion.
    Motion for Reconsideration is
    denied.
    IT IS SO ORDERED.
    Board Member J. Anderson concurred and D.
    Anderson dissented.
    I, Christan
    L. Moffett,
    Clerk of the Illinoi5 Pollution
    Control Board, hereby.~~certifythat the above Order was adopted
    on the ~
    day of
    ~
    ~
    ,
    1983 by a vote o~
    ‘.
    ,
    r.
    ~
    Sj~.
    ~o
    ~r~?e~r
    -
    Illinois Pollution Control Board
    51-41

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