ILr1IN0Is POLLUTION CONTROL BOARD
    June
    7,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 77—188
    JOHN BURROWS and GEORGE
    W.
    HART,
    JR., d/b/a HART—BtJRROWS~PIG
    PONDEROSA,
    Respondents.
    ORDER OF THE BOARD
    (by Mr. Young):
    On May 29,
    1979,
    the Environmental Protection Agency filed
    a Motion for Rehearing or Modification concerning our ruling
    which dismissed charges alleging violation of Rule 401(c).
    The
    Complainant maintains that the final order
    is in conflict with
    prior Board rulings.
    After due consideration, the Board will recognize its
    holding on Rule 401(c)
    in EPA v.
    County of Lake,
    Department
    of Public Works,
    PCB 75—507,
    23 PCB 223
    (August
    5,
    1976), and
    find the Respondents
    in violation of “the five times rule”
    of
    Rule 401(c)
    as alleged in the Complaint.
    The finding of this additional violation against the
    Respondents does not warrant any change or modification in
    the penalty provisions of the final opinion and order.
    IT IS
    SO ORDERED.
    Mr. Werner dissented.
    I, Christan
    L,
    Moffett, Clerk of the Illinois Pollution
    Control
    Board, hereby certify the above Order was adopted on
    the~~day
    of
    ~
    1979 by a vote of
    LI—,
    C
    ~
    4~
    L.
    P1
    Christan L. Moffett,
    Clerk
    Illinois Pollution Control Board
    34—i

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