ORDER OF THE COURT

As discussed above, Respondent is found liable for counts I, III, and V - XI of the Complaint. Based on the foregoing discussion, the undersigned assesses a total penalty of $35,000.

Stephen J. McGuire United States Administrative Law Judge

So Ordered

August 7, 2003 Washington, D.C.

Pursuant to 40 C.F.R. § 22.27(c), this Initial Decision shall become a final order 45 days after its service upon the parties, unless a party moves to reopen the hearing under 40 C.F.R. § 22.28, an appeal is taken to the Environmental Appeals Board within 30 days of service of this Initial Decision pursuant to 40 C.F.R. § 22.30(a), or the Board elects to review this Initial Decision, sua sponte, as provided by 40 C.F.R. § 22.30(b).

Unless this hearing is reopened and timely appeal of this Initial Decision is taken, or the Board chooses to review this Initial Decision on its own initiative, payment of the full amount of this civil penalty shall be made within 30 days after the effective date of the final order. Payment shall be made by sending a cashier's check or certified check in the amount of $35,000, payable to the Treasurer, United States of America, and mailed to:

Sonja Brooks-Woodard
Regional Hearing Clerk
U.S. EPA
77 West Jackson Boulevard, E-19J
Chicago, Illinois 60604-3590

A transmittal letter identifying the subject case and docket number (CAA-5-2001-007), as well as Respondent's name and address, must accompany the check. Respondent shall serve copies of the check on the Regional Hearing Clerk and on Complainant. Respondent may be assessed interest on the civil penalty if it fails to pay the penalty within the prescribed period.