ILLINOIS POLLUTION CONTROL BOARD
    August
    9,
    1990
    ST. CLAIR COUNTY,
    Complainant,
    AC 89—18
    V.
    )
    (Administrative Citation)
    (Docket B)
    J
    & R LANDFILL,
    INC.
    )
    County No.
    89—1 SC
    an Illinois Corporation,
    Respondent.
    MR. DENNIS HATCH,
    ESQ.,
    APPEARED ON BEHALF OF THE OFFICE OF THE
    STATES ATTORNEY FOR ST. CLAIR COUNTY.
    THOMAS J.
    IMMEL OF IMMEL,
    ZELLE,
    OGREN, MCCLAIN, GERMERAD AND
    COSTELLO APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J. Marlin):
    This matter comes before the Board from the filing of
    an
    Administrative Citation by St. Clair County
    (‘tCounty”) under
    the
    authority vested in the Illinois Environmental Protection Agency
    pursuant
    to Section 31.1 of
    the Illinois Environmental Protection
    Act (Act”) and delegated
    to the County pursuant to Section 4(r)
    of the I~ct.
    The citation alleged
    that
    J
    & R Landfill,
    Inc.
    violated Section 2l(p)(5)
    of the Act on two separate dates and
    twice violated Section 2l(p)(l2)
    at separate times.
    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
    September
    13,
    1989.
    On May
    10, 1990
    the
    Board issued an Opinion and Order finding
    that two separate
    violations
    of Section 21(p)(5) had occurred and imposed
    a penalty
    of $1,000.00.
    The Board also directed the Clerk of
    the Board and
    the Agency to file affidavits declaring
    their hearing costs.
    The Clerk of the Board filed an affidavit on May
    18,
    1990
    stating that the hearing costs incurred by the Board were
    $1,293.81.
    The County failed
    to submit any costs
    for
    consideration.
    The total hearing
    costs
    to be assessed against
    the Respondent are $1,293.81.
    This Opinion constitutes
    the Board’s findings of
    facts and
    conclusions of law in this matter.
    I 14—123
    ORDER
    It
    is hereby ordered
    that within
    thirty
    days of
    the date of
    this Order,
    J
    & R Landfill,
    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,
    the amount of
    $1,293.81
    which
    is
    to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield,
    Illinois 62706
    Respondent
    is
    to place
    its Federal Employer Identification
    Number on the check
    or money order.
    This docket
    is hereby closed.
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111—1/2,
    par.
    1041,
    provides for appeal of
    Finnl
    Orders of the Board within
    35 days.
    The Rules of
    the Supreme
    Court of
    Illinois establish
    Eiling requirements.
    IT IS SO ORDERED.
    Board Members J.D.
    Dumelle and J. Theodore Meyer dissented
    and Board Member
    J. Anderson concurred.
    I,
    Dorothy M. Gunn, Clerk
    of
    the Illinois
    Pollution
    Control
    Board,
    hereby ce~±ifythat the above Coinion
    arid Order was
    adopted on the
    L/~/_
    day of
    _____________
    ,
    1990,
    by
    a vote
    of
    •~‘;/~~
    .
    C
    ~
    ~//~
    ~
    Dorothy M.t~inn, Clerk
    Illinois Pbllution Control Board
    ii
    /~-
    I
    ‘.~

    Back to top