ILLINOIS POLLUTION CONTROL BOARD
    September
    15, 1976
    V.
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    SOIL
    ENRICHMENT
    MATERIALS
    CORP.
    and
    ROCK
    ROAD
    CONSTRUCTION
    CO.,
    Respondents.
    PCB 75—262
    ORDER OF THE BOARD
    (by
    Mr.
    Goodman):
    On August 12,
    1976,
    Respondents
    filed a Motion for Modification
    of the Board’s
    July
    8,
    1976 Order herein.
    The Environmental Protec-
    tion Agency filed its Response on August
    30,
    1976.
    Respondents seek
    to eliminate from the Board’s Order any findings of past violations
    by them.
    However, Respondents’
    good faith in this matter,
    as out-
    lined in their Motion,
    is relevant to the question of a penalty and
    not to the finding of a violation itself.
    The Board in this case
    assessed no penalty against Respondents.
    Respondents’ Motion
    is
    hereby denied.
    Mr.
    Younq
    dbstained.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution C~ritrol
    Board, her
    y
    c rtify the above Order was adppted on the
    /~‘~
    day
    o
    _______________,
    1976 by a vote of
    ~
    Li
    Illinois Pollution
    Board
    23
    —
    439

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