ILLINOIS POLLUTION CONTROL BOARD

December 16, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 76—104

D

& N TRUCKING,

INC.,

an Illinois

)

Corporation, DAVID

H. THOM,

ROSE

K. PHILLIPS and DOLORES THOM,

)

Respondents.

ORDER OF THE BOARD

(by Dr. Satchell):

On December

9,

1976 Respondents,

D

& N Trucking,

Inc.,

David

H.

Thom and Dolores Thom,

filed a Motion to Modify

and Clarify the Pollution Control Board’s Order in PCB 76-104

decided on November 10,

1976.

Because of Respondents’

apparent

confusion the Board will modify the final opinion and order.

On

page four, paragraphs five and six shall read:

Under Procedural Rule 333 the Board finds the stipulation

acceptable.

The Board finds, based on the stipulation, that

Respondent D & N Trucking has been in violation of all the

Board’s Regulations and the Sections of the Act as alleged

in the complaint.

The Board notes that closing the site will

remedy most of the environmental harm.

The monitoring wells

would then be an adequate indicator of the need for further

corrective measures.

Respondents David

H. Thom,

Rose K. Phillips and Dolores

Thom signed

the

stipulation but did not ddmi~violntions.

Rose

K.

Phillips and Dolores Thom agreed to allow unhindered

access

to the site.

Rose K.

Phillips and Dolores Thom are

therefore dismissed conditioned on the allowance of access to

the site.

Respondent David

H. Thom is dismissed for lack of

prosecution.

On page five, numbers

1,

3, and

4 of the Order shall be

changed as follows:

1.

Respondent D

& N Trucking is found to be

in violation

of Rule 202(b) (1)

of the Solid Waste Regulations and

Section

21(e)

of the Environmental Protection Act;

Rules

302,

303(a)

,

303(b)

,

305 (a)

,

305(b)

,

305

(C)

314(a), and

314(h)

of

the

Regulations

and

Section

21(b)

of the Act.

3.

David

H.

Thom is dismissed as a respondent.

24

—

409

---

—2—

4.

Dolores Thom and Rose

K.

Phillips are dismissed con-

ditioned upon the allowance of access by D

& N

Trucking at the site.

IT IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Boar~d,hereby ce~tifythe above Order was adopted

o~the

~

day

of

(~A~4Jfl~~,

1976

by

a

vote

of

Illinois

Pollution

C

ol

Board

24