ILLINOIS POLLUTION CONTROL BOARD
December 19,
1991
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
)
AC 90—91
)
Docket
B
v.
)
(Administrative Citation)
)
(IEPA No.529—90—AC)
BERNARD LEITSCHUH,
)
)
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”)
(Ill.
Rev. Stat.
1989,
ch.
111 1/2, par.
1001 et.
seq.).
The citation was filed November 26,
1990, and
alleges that Respondent,
Bernard Leitschuh,
the operator of a
facility located in Montgomery County,
Illinois is in violation
of Section 21(q)
(1) and 21(q)
(3) of the Act for causing or
allowing open clumping of waste that results in litter and results
in open burning.
A Petition for Review was filed with the Board on December
21,
1990.
Hearing was held on July 12,
1991,
at the Montgomery
County Courthouse in Hilisboro, Illinois.
On October 24,
1991,
the Board issued an Order finding that the cited violations had
occurred and imposed a penalty of one thousand dollars
($1,000).
The Board also directed the Clerk of the Board and the Agency to
file affidavits declaring their hearing costs.
On November
6,
1991, the Clerk of the board filed an
affidavit stating that the Board’s hearing costs were four
hundred fifty-one dollars ($451.00).
On November 18,
1991, the
Agency filed an affidavit stating that the Agency’s hearing costs
were twenty—five dollars
($25.00).
Therefore, the total hearing
cost to be assessed against Respondent is four hundred seventy—
six dollars ($476.00)
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
It is hereby ordered that within 30 days of the date of
this Order, Bernard Leitschuh shall,
by certified check
or money order payable to the State of Illinois,
designated for deposit to the General Revenue Fund,
pay
128—315
2
as compensation for hearing costs incurred by the Board
and the Agency, the amount of four hundred seventy-six
($476.00) which is to be sent by First Class mail to:
Illinois Environmental Protection Agency
Fiscal Services Divisions
2200 Churchill Road
P.O. Box 19276
Springfield, IL
62794—9276
Respondent shall write the case name and number and
social security or federal Employer Identification
Number on the certified check or money order.
Penalties unpaid after the due date shall accrue
interest pursuant to Section 42(g)
of the Illinois
Environmental Protection Act.
2.
This docket is hereby closed.
Section 41 of the Environmental Protection Act
(Ill. Rev.
Stat.
1990 supp.,
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 M.
Gunn,
Clerk of the Illinois Pollution Control
Board, do)~x~ebycertify~hatthe above Opinion Order was adopted
on the /~i’~’day of
___________________,
1991, by a vote of
7-O
72
~?.
~
Dorothy M. Gin,
Clerk
Illinois Pol~utionControl Board
128—316