ILLINOIS POLLUTION CONTROL BOARD
    November 3,
    1994
    COUNTY OF OGLE,
    Complainant,
    v.
    )
    AC 91-32
    (Docket B)
    (Administrative Citation)
    ROCHELLE DISPOSAL SERVICE,
    )
    INC.,
    and CITY OF ROCHELLE,
    )
    ILLINOIS,
    Respondents.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    This matter is before the Board on an administrative
    citation
    (AC)
    filed by the County of Ogle (County) pursuant to
    the Environmental Protection Act
    (Act).
    (415
    ILCS 5/1 et seq.
    (1992).)
    The citation was filed with the Board on June 28,
    1991.
    Respondent Rochelle Disposal Service Inc.
    (Rochelle)
    filed a
    petition for review with the Board, and a public hearing was
    held.
    On September 23,
    1993,
    the Board issued an opinion and
    order finding that the cited violations had occurred, and imposed
    a
    $1000
    fine.
    The Board also directed the Clerk of the Board and
    complainant to file an affidavit declaring their hearing costs
    in
    Docket B for this matter.
    The Clerk of the Board filed its
    affidavit of costs on September 27,
    1993 and the County filed its
    affidavit of costs on October
    6,
    1993.
    However, the County
    failed
    to serve Rochelle as directed by order and therefore its
    costs will not be assessed.
    On October 8,
    1993, Rochelle filed a
    motion to reconsider the Board’s order of September 23,
    1993.
    On
    November 4,
    1993,
    the Board entered an order affirming that
    order.
    On December
    6,
    1993, Rochelle filed a petition for review
    with the Appellate Court of Illinois, Second Judicial District,
    of the Board’s order.
    (Rochelle Disposal Service.
    Inc.
    v.
    Illinois Pollution Control Board; County of Ogle; and City of
    Rochelle, AC 92—64, AC 91—32, AC 92-26 Dockets A&B
    (2nd Dist.
    Sept.
    16,
    1994).)
    The court issued its decision on September 16,
    1994,
    affirming the Board’s order which assessed a $1000 civil
    penalty and directed the Clerk of the Board and the County to
    file their hearing costs pursuant to Section 42(b)(4)
    of the
    Act.’
    The Board never issued an order
    in Docket B assessing
    hearing costs before the court issued its order on September 16,
    1994.
    The Court issued it decision pursuant to Supreme Court
    Rule 23 causing the order not to be published or precedential.
    2
    In Miller
    v.
    PCB and Sangamon County Dept.
    of Health, AC 92-
    37
    (4th Dist.
    Sept.
    30,
    1994),
    the court found that the Board’s
    bifurcation of the administrative citation proceeding is
    improper.
    The court states:
    The procedural regulations adopted by the Board cannot
    contradict the legislative provisions which require the
    filing of
    a single final order.
    The bifurcation of
    administrative citation proceedings does not further
    the interests of convenience and expediency.
    Rather,
    it inconveniences both the parties and the court with
    multiple appeals.
    Instead of expediting the matter,
    the bifurcation of the administrative citation
    proceedings may actually result in delay.
    (Id.
    at 7.)
    Since the Miller court found that the Board’s bifurcation of
    administrative citations is improper, and the court in Rochelle,
    in the instant case, affirmed without remanding the assessment of
    civil penalties,
    the Board believes it now lacks the authority at
    this time to issue a final Docket B order assessing hearing costs
    in this matter.
    Therefore no hearing costs will be assessed against
    respondent in this matter and this docket is closed.
    Neither the
    court’s decision in Miller nor this decision precludes the Board
    from assessing hearing costs
    in other administrative citations
    utilizing one final order.2
    IT
    IS SO ORDERED.
    J. Theodore Meyer dissented.
    Section 41 of the Environmental Protection Act
    (415 ILCS 5/41)
    provides for the appeal of final Board orders within 35 days.
    The
    rules of the Supreme Court of Illinois establish filing
    requirements.
    (See also 35 Ill.
    Adin.
    Code 101.246 “Motions for
    Reconsideration”.)
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~ifythat
    .tJie
    above opinion and order was
    ,~.-
    adopted on the
    ~t~(
    day of
    /7t’v~~LJ
    ,
    1994,
    by a yote
    of~-2TI.
    ~
    I
    ~
    ~L.
    ~Thorothy M. ~inn, Clerk
    Illinois Pôilution Control Board
    2
    In fact, the Miller decision specifically reiterates
    the Board’s authority to assess reasonable hearing costs in
    administrative citations.

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