ILLINOIS POLLUTION CONTROL BOARD
October
20,
1988
IN THE MATTER OF:
DAN
HEUSINKVED, County Clerk,
)
AC 87—25, Docket B
County of Whiteside,
State
)
(IEPA Docket No. 8302—AC)
of Illinois,
Respondent.
)
ORDER OF THE BOARD
(by
R.
C.
Flemal):
This matter comes before the Board upon a March
25,
1987
filing
of an administrative citation pursuant
to Section
31.1 of
the Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency
(Agency).
The administrative
citation alleged that Whiteside County
(County) violated Sections
2l(p)(5)
and 2l(p(l~) of. the ~ct.
The civil penalty established
for each of these violations
15
$500.00
for each violation of
each proylsion
of ~ubsection
(p)
of Section
21 of
the Act, plus
any hearing
COStS
1ncurred by the Board
and the Agency, pursuant
to Section 42(b)(4)
of the Act.
The County filed
a Petition for Review with the Clerk of the
Board on April
29,
1987.
Hearing was held on October
27,
1987.
On January 21,
1988,
the Board issued an Order which
found that
the County violated Sections 2l(p)(5) and 21(p)(12)
and imposed
a
civil penalty
in the amount of $1,000.
The Board also directed
the Agency and the Clerk
of the Board
to file a statement of
hearing costs incurred,
supported
by affidavit and with service
on the County.
The Agency filed
a statement
of its costs
on May 4,
1988.
The Clerk
filed
the statement of Board costs on August 16,1988.
By Order
of August
18,
the Board noted certain deficiencies
in the Agency’s May 4,
1988 filing.
The Order requested
the
filing of
a revised statement on or before September
5,
and gave
the County leave
to respond on or before September
20.
The
Agency made its revised filing on August
26.
The County has
filed no reply/objection.
The Board finds
that the costs
to be assessed against
the
County are:
Board Costs:
$647.79
Agency Costs:
$153.17
TOTAL:
$801.06
93—245
—2—
It
is hereby ordered
that within
30 days of the date of this
Order,
the County shall, by certified check or money order
payable to the State of Illinois and designated
for deposit into
the General Revenue Fund, pay as compensation for hearing costs
incurred by the Board and the Agency the amount of $801.06, which
is
to be sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, IL
62706
This docket
is hereby closed.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat.
1985 ch.
111 1/2 par.
1041, provides for appeal of Final
Orders of the Board within
35 days.
The Rules
of the Supreme
Court
of Illinois establish filing requirements.
IT IS SO ORDERED.
J.
T. Meyer and
M. Nardulli dissented.
I,
Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
_________________
day of
~
,
1988 by a vote
of
______________
Dorothy
W.
Gunn, Clerk
Illinois Pollution Control Board
93—246