ILLINOIS POLLUTION CONTROL BOARD
    February
    2, 1989
    IN THE MATTER OF:
    )
    AC 88—75
    )
    AC 88—80
    STEVE ZIMMERMAN
    AND
    WASTE, LTD.,
    )
    AC 88—81
    INC.
    )
    AC 88—85
    )
    AC 88—86
    Respondents.
    )
    (CONSOLIDATED)
    )
    DOCKET B
    STEWART J. UMHOLTZ, ESQ., ASSISTANT STATE’S ATTORNEY FOR TAZEWELL
    COUNTY,
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT,
    COUNTY
    OF
    TAZEWELL.
    DANIEL
    M.
    REAVY,
    ESQ.,
    OF
    MORAN,
    ALEWELT
    AND
    PRILLAMAN,
    APPEARED
    ON BEHALF OF THE RESPONDENTS, STEVE ZIMMERMAN AND WASTE,
    LTD.
    OPINION AND ORDER OF THE BOARD (by N. Nardulli):
    This matter comes before the Board from the filIng of five
    Administrative Citations by the State’s Attorney of Tasewell
    County, pursuant to Section 31.1 of the Illinois Environmental
    Protection Act (hereinafter RActu)
    The citations alleged that
    Steve Zimmerman and Waste Limited, Inc. violated Sections
    21(d)(1), 21(p)(5), 21(p)(7) and 21(p) (12) of the Act.
    The civil
    penalty established for each of these violatLons is $500.00 plus
    any hearing cost incurred by the Board, the Agency or a party to
    which the Agency has designated authority to enforce the Act,
    pursuant to Section 42(b)(4) of the Act.
    On a Petition for Review filed on behalf of the Respondents,
    hearings were held on October
    25,
    1988 and November 29,
    1988.
    On
    December
    15,
    1988, the Board issued an Opinion and Order finding
    that two of the cited violations had occurred and imposed a
    penalty in the amount of $1,000.00.
    The Board also directed the
    Clerk of the Board and the State’s Attorney of Tazewell County to
    file affidavits declaring their hearing costs.
    On January 6,
    1989,
    Tazewell County filed an affidavit
    stating that it agreed in the Stipulatton in this case not to
    seek recovery of its hearing costs. Therefore, Tazewell County
    has declared no hearing costs.
    The Clerk of the Board filed an
    affidavit on January 9,
    1989 stating that the hearing costs
    incurred by the Board
    in this matter were $887.63.
    The total
    hearing costs to be assessed against the Respondent are $887.63.
    It
    is hereby ordered that within 30 days of the date of this
    Order, Steve Zimmerman
    and
    Waste Limited, Inc. shall, by
    96—67
    —2—
    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,
    the amount
    of $887.63, which is
    to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield,
    IL
    62706
    This docket
    is hereby closed.
    Section 41
    of the Environmental Protection
    Act,
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    1l11,~, 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.
    1,
    Dorothy M Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that
    the above Ooini~n and Order was
    adopted on the
    ~‘~‘
    day of
    —_____________________
    1989, by
    a vote of
    7-C
    /
    I.
    ,Th.
    ~
    Dorothy M.
    GunrI,
    Clerk,
    Illinois Po13~tionControl Board
    ~‘6—68

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