ILLINOIS POLLUTION CONTROL BOARD
    September 13, 1989
    IN THE MATTER OF:
    )
    )
    PIELET BROTHERS’
    TRADING,
    INC.,
    an Illinois Corporation,
    )
    AC 88—51, Docket B
    )
    IEPA DOCKET NO. 8983-AC
    Respondent.
    MR. WILLIAM SELTZER., STAFF ATTORNEY, APPEAREr~ON BEHALF OF THE
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY;
    MR. RAYMOND
    T. REOTT AND MS. REBECCA
    L. RAFTERY, OF JENNER AND
    BLOCK, APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF
    THE BOARD
    (by R.
    C.
    Flemal):
    This matter comes before the Board upon a May 16,
    1988
    filing of an administrative citation by the Illinois
    Environmental Protection Agency (“Agency”) pursuant
    to Section
    31.1 of the Illinois Environmental Protection Act
    (“Act”).
    The
    administrative citation alleged that Pielet Brothers’
    Trading,
    Inc.
    (“Pielet Brothers”)
    violated Sections 2l(p)(l),
    2l(p)(2),
    2l(p)(4), 2l(p)(5), 2l(p)(6),
    2l(p)(7),
    21(p)(8),
    2l(p)(9), and
    2l(p)(ll)
    of the Act.
    The civil penalties established for each
    of these violations
    is $500.00 plus any hearing costs incurred by
    the Board or the Agency.
    On a petition for review filed by the Respondent,
    hearing
    was held on this matter on November
    18,
    1988.
    On July
    13, 1989,
    the Board issued an Opinion and Order finding
    that the cited
    violations had occurred, except
    for violation of Sections
    2l(p)(9) and
    (11),
    and imposed a penalty of $3,500.00.
    The Board
    also directed the Clerk of
    the Board and the Agency to file
    affidavits declaring their hearing costs.
    On July 24, 1989,
    the Clerk
    of the Board filed an affidavit
    stating that the hearing costs incurred by the Board were
    $1,460.28.
    The Agency filed an affidavit on July 28,
    1989
    stating that its hearing costs were $114.65.
    On August
    28, 1989,
    Respondent filed
    a Motion for Stay of
    Payment of Costs and Fine and Objection
    to Costs.
    Apparently, on
    August 10,
    1989, Respondent filed
    a petition for review of the
    July 13,
    1989 Opinion and Order of the Board
    in the Appellate
    Court.
    Respondent requests the Board stay the payment of the
    civil penalty orderedby the Board and any payment of hearing
    costs pending the resolution of its appeal.
    In addition,
    Respondent objects to the payment
    in full of the costs
    of the
    Agency and the Board,
    alleging that it “prevailed on the central
    issue in the case”, and that costs should be apportioned evenly
    103—87
    —2—
    between the parties.
    No reply to this motion was filed by the
    Agency.
    In regards
    to the issue of apportionment of costs,~theBoard
    finds that whether or not a person prevails on an issue
    is
    irrelevant to the assessment of costs against a Respondent, when
    a finding of violation of any provision of Section 21(p) or
    (q)
    has been found.
    As Section 42(b)(4) of the Act provides in part:
    In an administrative citation action under Section
    31.1 of this Act, any person~found
    to have violated
    ~
    provision of subsection
    (p) or
    (q)
    of Section
    21
    of this Act shall pay a civil penalty of $500 for each
    violation of each such provision, plus any hearing
    costs incurred by the Board and the Agency.
    (Emphasis
    added.)
    In its July 13,
    1989 Opinion and Order,
    the Board found
    that
    Respondent violated seven provisions of Section 21(p)
    of the Act,
    therefore Respondent violated
    ~
    provision of subsection
    (p)”
    and shall pay costs, according
    to the Act.
    No other objection to
    the hearing costs was made,
    therefore the costs incurred shall
    be
    assessed against Respondent.
    The total hearing costs to be
    assessed against Respondent as supplied through the affidavits
    noted above are $1,574.93.
    The Board further denies Respondent’s motion to stay the
    payment
    of the civil penalty and hearing costs.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is hereby ordered that within
    30 days of
    the date of this
    Order, Pielet Brothers’
    Trading,
    Inc.,
    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 Agency,
    the amount of
    $1,574.93 which
    is to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    *The Board notes that in its July
    13, 1989 Opinion and Order
    it
    did not find
    that Respondent “prevailed on the central issue”
    in
    the appeal,
    nor does it do so here.
    103—88
    —3—
    This docket
    is hereby closed.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987
    ch. 11l~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.
    I, Dorothy M. Gunn, Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that the above~pi~j~n
    and Order was
    adopted on the
    /~j~?!~
    day of
    __________________,
    1989,
    by
    a
    voteof
    ~1~)
    •
    ~
    A~
    Dorothy M./?nn,
    Clerk
    Illinois P~,rlutionControl Board
    103—89

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