ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1997
    COUNTY OF JACKSON,
    Complainant,
    v.
    GARY EASTON,
    Respondent.
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    AC 96-58
    (Administrative Citation)
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    This matter involves an Administrative Citation filed by the County of Jackson
    (County) pursuant to the Illinois Environmental Protection Act (Act). (415 ILCS 5/1
    et seq.
    (1994).) The citation was issued on June 21, 1996 and alleged that on May 22,
    1996, respondent Gary Easton (Easton) was in violation of several sections of the Act,
    specifically: Section 21(p)(1), causing or allowing litter to be collected or dumped;
    Section 21(p)(2), causing or allowing scavenging at the site; Section 21(p)(5), causing
    or allowing proliferation of disease vectors; and Section 21(p)(6), causing or allowing
    standing or flowing liquid to be discharged from the site.
    Hearing was held on November 6, 1996 in Murphysboro, Illinois. On
    December 19, 1996, the Board issued an interim opinion and order finding that the
    cited violations had occurred and imposed a penalty of $2,000.00. The Board also
    directed the Clerk of the Board and the County to file affidavits declaring their hearing
    costs. On December 26, 1996, the Clerk of the Board filed an affidavit stating that the
    Board’s hearing costs were one hundred, fifty-two dollars and twenty-five cents
    ($152.25). County did not submit an affidavit of hearing costs.
    On April 17, 1997 the Board issued an opinion and order directing Easton to
    pay the hearing costs but omitted directing Easton to pay the penalty. The order below
    corrects the omission. In sum, the Board finds that Easton violated Sections 21(p)(1),
    21(p)(2), 21(p)(5) and 21(p)(6) of the Act. Pursuant to Section 42(b)(4), any person
    found to have violated any provision of subsection (p) of the Act shall pay a civil
    penalty of $500 for each provision, plus hearing costs. (415 ILCS 5/42(b)(4) (1994).)
    Since the Board has found four such violations, the penalty to be assessed against
    respondent is $2,000.00. The Board further finds the Board’s hearing costs to be
    reasonable and directs respondent to pay $152.25 as compensation for the Board’s
    hearing costs.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
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    ORDER
    1. Respondent, Gary Easton, is hereby found to have violated 415 ILCS 5/21(p)(1),
    21(p)(2), 21(p)(5), and 21(p)(6) on May 22, 1996 for the reasons expressed in the
    Board’s interim opinion and order dated December 19, 1996.
     
    2. Within 45 days of this Order respondent shall, by certified check or money order,
    pay a civil penalty, if not already paid, in the amount of two thousand dollars
    ($2,000) payable to the Jackson County Treasurer, which shall be sent by First
    Class mail to:
    Shirley Dillinger Booker
    Jackson County Treasurer
    Murphysboro, Illinois 62966
     
    3. It is hereby ordered that within 45 days of the date of this order, respondent shall,
    by certified check or money order payable to the State of Illinois, designated for
    deposit to the General Revenue Fund, pays as compensation for hearing costs
    incurred by the Board, the amount of one hundred, fifty-two dollars and twenty-five
    cents ($152.25) which is to be sent by First Class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
     
    4. Respondent shall write the case name and number and social security or Federal
    Employer Identification Number on each certified check or money order.
     
    5. Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g) of
    the Illinois Environmental Protection Act.
     
    6. The Board hereby closes the docket in this matter.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994))
    provides for the appeal of final Board orders within 35 days of the date of service of
    this order. The Rules of the Supreme Court of Illinois establish filing requirements.
    (See also 35 Ill.Adm.Code 101.246 "Motions for Reconsideration".)
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
    certify that the above opinion and order was adopted on the 15th day of May, 1997,
    by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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