ILLINOIS POLLUTION CONTROL BOARD

Nay

8,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Petitioner,

V.

)

PCB 74—473

E & E

HAULING,

INC.

Respondent.

ORDER

OF THE BOARD

(by Mr.

Zeitlin)

The Board adopted a final Opinion

& Order in this

matter on March 26,

1975. Respondent E & E subsequently

submitted to the Board on April

14, 1975 a letter requesting

certain changes in the Board’s Order.

We elect to treat this

request as a Motion Subsequent

to Entry of Final Order under

Board Procedural Rule 334.

Respondent

E

& E points out that the solid waste management

site, which was the subject of our March 26,

1975 Order, received

an operating permit from the Illinois Environmental Protection

Agency on February 24,

1975.

Petitioner requests that that

portion of the Order requiring that all operations on the

subject site cease and desist until a permit

is issued be

deleted.

Insofar as

a permit has in fact been issued,

it

is

unnecessary that we delete a portion of our Order;

if

a

permit has been issued, Respondent need not fear

a cease and

desist Order.

Petitioner also asks that the Board reconsider the

penalty of $2,000 which it imposed in this matter.

Insofar as the Board imposed that penalty after due and

careful consideration of all relevant factors,

as required

by the Environmental Protection Act and our own Procedural

Rules, Respondent’s Motion is denied.

IT IS SO ORDERED.

Mr.

Dumelle

dissents.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Boa4d hereby certify

at the above Order was adopted

on the

~

~, dayof

_____________________

1975 by a vote of

L~j

to

J

Chrjstan L. Moff’~

Clerk

Illinois Pollution Control

Board

16

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591