ILLINOIS POLLUTION CONTROL BOARD
    July
    3,
    1990
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    V.
    )
    AC 89-131
    (Docket
    B)
    (Administrative Citation)
    ESG WATTS,
    INC.,
    )
    (IEPA No.
    9711-AC)
    Respondent.
    WILLIAM SELTZER APPEARED ON BEHALF OF THE ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY;
    THOMAS
    3.
    IMMEL,
    INNEL,
    ZELLE,
    OGREN,
    NCCL1~IN, GERNERAAD
    &
    COSTELLO,
    APPEARED ON BEHALF OF RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE BOARD
    (by N.
    Nardulli):
    This
    matter
    comes
    before
    the
    Board
    upon
    the
    filing
    of
    an
    administrative
    citation
    pursuant
    to
    section
    31.1
    of
    the
    Environmental Protection Act
    (Act)
    (Ill.
    Rev. Stat.
    1989,
    ch.
    111
    1/2, par.
    1031.1).
    On June
    7,
    1990,
    the Board entered an opinion
    and
    order
    finding
    that
    respondent
    ESG
    Watts,
    Inc.
    (ESG)
    had
    violated
    section
    21(p)(5)
    of
    the
    Act,
    rejecting
    ESG’s
    claim
    of
    uncontrollable
    circumstances
    and
    imposing
    a
    $500
    penalty.
    The
    Board also directed the Agency and the Clerk of the Board to file
    appropriate affidavits of hearing costs.
    On
    June
    14,
    1990,
    the
    Clerk
    filed
    an
    affidavit
    of
    costs
    stating that hearing costs totalling $1,539.14 had been incurred.
    On June 18,
    1990,
    the Agency filed
    its affidavit of costs stating
    that it had incurred no such costs
    in relation to this proceeding.
    Therefore,
    the total
    hearing costs assessed
    against •ESG
    in this
    matter are $1,539.14.
    This
    Opinion
    constitutes
    the Board’s
    findings
    of
    fact
    and
    conclusions of law
    in this matter.
    ORDER
    It
    is hereby ordered that within thirty days of the date of
    this order,
    ESG Watts Inc.
    shall, by certified check or money order
    113— 1fl5
    2
    payable to the State of
    Illinois and designated for deposit in the
    General
    Revenue
    Fund,
    pay
    as
    compensation
    for
    hearing
    costs
    incurred by the Board, the amount of $1,539.14, which is to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    220 Churchill Road
    Springfield,
    11. 62706
    This docket is hereby closed.
    Section
    41
    of
    the Environmental
    Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    par.
    1041)
    provides
    for the appeal
    of
    final orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish
    fi~ting~requirements~
    IT IS SO ORDERED.
    3. Theodore Meyer dissents.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify tha~—)th~
    above Opinion and Order was adopted
    on the
    ~
    day of
    _____________
    ,
    1990, by a vote of
    /
    ~
    Dorothy ~,i-,J
    Gunn, Clerk
    I1linoi~/Po1lutionControl Board
    113—1fl6

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