ILLINOIS POLLUTION CONTROL BOARD
    August
    24, 1995
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    AC 94—96
    AC 94—97
    (Administrative Citations)
    M.K. O’HARA CONSTRUCTION,
    INC., KENNETH O’HARA
    AND
    )
    MADALYN O’HARA,
    Respondents.
    MS. MELANIE JARVIS,
    ASSISTANT COUNSEL, APPEARED ON BEHALF OF THE
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
    MR. KENNETH O’HARA AND MRS. MADALYN O’HARA APPEARED PRO SE.
    OPINION AND ORDER OF THE BOARD
    (R.C.
    Flemal):
    On April
    6,
    1995,
    the Board
    issued an interim opinion and
    order
    in this matter,
    finding that respondents M.K. O’Hara
    Construction,
    Inc.,
    Kenneth O’Hara and Madalyn O’Hara violated
    Section 21(p) (1)
    of the Environmental Protection Act
    (Act)
    (415
    ILCS 5/21(p) (1) (1994))
    on October 24,
    1994 at the
    Beardstown/O’Hara Sites #3 and #4.
    Having found two violations
    of the Act, the Board must assess the appropriate penalty for the
    violations.
    Penalties
    in administrative citation actions are prescribed
    by Section 42(b)(4)
    of the Act which states:
    In an administrative citation action under Section 31.1
    of this Act, any person found to have violated any
    provision of subsection
    (o)
    or
    (p)
    of Section 21 of
    this Act shall pay a civil penalty of $500 for each
    violation of each such provision,
    plus any hearing
    costs incurred by the Board and the Illinois
    Environmental Protection
    Agency.
    Such penalties shall
    be made payable to the Environmental Protection Trust
    Fund to be used in accordance with the provisions of
    the Environmental Protection Trust Fund Act except if a
    unit of local government issued the administrative
    citation,
    50
    of the civil penalty shall be payable to
    the unit of local government.
    (415 ILCS 5/42(b)(4)
    (1994).)
    Since the Board found two such violations, the penalty to be
    2
    imposed against respondents is $1000.00 plus hearing costs.
    The interim opinion and order requested affidavits from
    the Illinois Environmental Protection Agency
    (Agency) and the
    Clerk of the Board to determine hearing costs.
    On April 17,
    1995
    the Agency filed an affidavit stating that its hearing costs were
    twenty one dollars
    ($21.00).
    On April 24,
    1995 the Clerk of the
    Board filed an affidavit stating that the Board’s hearing costs
    were three hundred seventy five dollars and fifty cents
    ($375.50).
    Respondents have not filed an objection to the
    affidavit of costs filed by the Agency or the Board.
    Therefore,
    the total hearing cost to be assessed against respondents
    is
    three hundred ninety six dollars and fifty cents ($396.50).
    This opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    ORDER
    1.
    Respondents M.K. O’Hara Construction,
    Inc., Kenneth O’Hara
    and Madalyn O’Hara are hereby found to have violated 415
    ILCS 5/21(p) (1)
    at the Beardstown/O’Hara Sites #3 and #4 on
    October 24,
    1994.
    2.
    Within 45 days of this order respondents shall,
    by certified
    check or money order payable to the Illinois Environmental
    Protection Trust Fund, pay a civil penalty in the amount of
    one thousand dollars
    ($1000.00)
    which is to be sent by First
    Class mail to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.O. Box 19276
    Springfield, IL 62794—9276
    Respondents shall also include the remittance form with the
    payment.
    3.
    Within 45 days of this order respondents shall,
    by certified
    check or money order payable to the General Revenue Fund,
    pay hearing costs in the amount of twenty one dollars
    ($21.00) which is to be sent by First Class mail to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    4.
    It is hereby ordered that within 45 days of the date of
    this order, respondents shall,
    by certified check or money
    order payable to the State of Illinois, designated for
    3
    deposit to the General Revenue Fund,
    pay as compensation for
    hearing costs incurred by the Board,
    the amount of three
    hundred seventy five dollars and fifty cents
    ($375.50)
    which is to be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    5.
    Respondents shall write the case name and numbers and social
    security or federal Employer Identification Number on each
    certified check or money order.
    6.
    Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g)
    of the Illinois Environmental
    Protection Act.
    7.
    These clockets are hereby closed.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1994)), provides for appeal of final orders of the Board
    within 35 days of the date of service of this order.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (See also 35
    Ill. Mm.
    Code 101.246, Motion for Reconsideration.)
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby Certify_that the above o inion and order was
    adopted on the
    ~
    day of
    _____________________,
    1995,
    by a vote of
    7—~
    .
    ~
    ~..
    ~
    Dorothy M/ftunn, Clerk
    Illinois ~6llution Control Board

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