ILLINOIS POLLUTION CONTROL BOARD
February 28,
1991
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
)
v.
)
AC 90—42
)
Docket B
(Administrative Citation)
ROBERT WHEELER, d/b/a Wheeler
)
(IEPA No.
233-90-AC)
Trucking,
Respondent.
OPINION AND ORDER OF THE BOARD
(by B. Forcade):
This matter comes to the Board on an Administrative Citation
filed by the Illinois Environmental Protection Agency (“Agency”)
pursuant to the Illinois Environmental Protection Act
(hereinafter “the Act’1)
(Ill. Rev. Stat.
1989,
ch.
111 1/2, par.
1001 et. seq.).
The citation was filed June 7,
1990,
and alleges
that Respondent, Robert Wheeler, the operator of a facility
located in Fulton County,
Illinois
is in violation of Section
21(q) (1)
of the Act for causing or allowing open dumping of
wastes that result in litter.
A Petition for Review was filed with the Board on July,
11,
1990.
Hearing was held September 14,
1990,
at the Fulton County
Courthouse in Lewistown,
Illinois.
On January 10,
1991 the Board
issued an Order finding that the cited violation had occurred and
imposed a penalty of $500.00.
The Board also
directed the Clerk
of the Board and the Agency to file affidavits declaring their
hearing costs.
On January 22,
1991, the Clerk of the Pollution Control
Board filed an affidavit stating that the Board’s hearing costs
were $1,100.40.
On January 25,
1991 the Agency filed an
affidavit stating its hearing costs were $28.80.
The total
hearing costs to be assessed against Respondent is $1,129.20.
This Opinion constitutes the Board’s findings of facts and
conclusions of law in this matter.
ORDER
It is hereby ordered that within thirty days of the date of
this Order, Robert Wheeler shall, by certified check or money
order, payable to the State of Illinois and designated for
119—101
2
deposit into the General Revenue Fund, pay as compensation for
hearing costs incurred by the Board and Agency, the amount of
$1,129.20 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Service Division
2200 Churchill Road
Springfield, Illinois
62706
This docket is hereby closed.
Section 41 of the Environmental Protection Act,
Ill.
Rev.
Stat.
1989,
ch.
ill 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. Theodore Meyer dissented.
I, Dorothy N.
Gum-i, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion an4 Order was
adopted on the
________________
day of
z7~-4w~,
1991, by a vote of
_______________.
Dorothy M. ~unn, Clerk
Illinois Pollution Control Board
119—102