ILLINOIS POLLUTION CONTROL BOARD
    June 20,
    199.
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 90—59
    (Docket
    B)
    (Administrative Citation)
    SOUTHERN PACIFIC RAILROAD,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD (by R.
    C.
    Flemal):
    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”)
    (Ill. Rev. Stat.
    1989,
    oh.
    ill 1/2,
    par. 1001 et. seq.)
    The citation was issued July 9,
    1990 and alleges that Respondent,
    Southern Pacific Railroad,
    is in violation of Section 21(q) (1)
    of
    the
    Act
    for
    causing
    or
    allowing open
    dumping
    of
    wastes
    that
    resulted in litter.
    A Petition for Review was filed with the Board on July 16,
    1990.
    Hearing was held October 23,
    1990 in Springfield, Illinois.
    On March 28, 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 February 25, 1991, the Clerk of the Pollution Control Board
    filed
    an affidavit stating that the Board’s hearing
    costs were
    $442.79.
    On May 13,
    1991, the Agency filed an affidavit stating
    it had no hearing costs.
    The total hearing costs to be assessed
    against Respondent are $442.79.
    This Opinion constitutes the Board’s
    findings
    of facts
    and
    conclusions of law in this matter.
    ORDER
    1.
    It is hereby ordered that within thirty days of the date
    of
    this
    Order,
    Southern
    Pacific
    Railroad
    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
    2
    incurred by the Board and Agency, the amount of $442.79
    which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    2.
    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 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 H.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo
    Opinion and Order was adopted
    on the
    ~
    day of
    ~~~71_4~
    ,
    1991, by a vote
    Control Board

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