ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DENNIS FULTS d/b/a ST. CLAIR
    CONSTRUCTION AND PAVING,
    Respondent.
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    PCB 96-118
    (Enforcement - Air)
    AMY L. SYMONS-JACKSON, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE PEOPLE OF THE STATE OF ILLINOIS.
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    This is an enforcement action by the People of the State of Illinois (State) against
    Dennis Fults d/b/a St. Clair Construction and Paving (Fults). On March 20, 1997, the Illinois
    Pollution Control Board (Board) entered an interim opinion and order finding that Fults had
    violated the Illinois Environmental Protection Act (Act), 415 ILCS 5/1
    et seq.
    (1994), and
    Board regulations when Fults demolished a building in Collinsville, Illinois (the site).
    Specifically, the Board found that Fults had violated Section 9(a) of the Act and 35 Ill.
    Adm. Code 201.141 by causing or allowing air pollution when he burned demolition debris at
    the site. The Board also found that Fults had violated Section 9(c) of the Act and 35 Ill. Adm.
    Code 237.102(a) by causing or allowing open burning. In addition, the Board found that Fults
    had violated Section 9.1(d)(1) of the Act by failing to notify the Illinois Environmental
    Protection Agency (Agency) of the demolition. The Board ordered Fults to pay a penalty of
    $10,000.00 and to cease and desist from further violations of the Act. The Board also found
    that the violations were wilful and that the State was entitled to an award of fees and costs
    pursuant to Section 42(f) of the Act. The Board ordered the State to file an affidavit setting
    forth its fees and costs.
    On April 21, 1997, the State filed a supplemental pleading attaching three affidavits
    regarding fees and costs. On April 28, 1997, the hearing officer entered an order allowing
    Fults until May 9, 1997 to file a response. Fults did not do so.
    The Board has reviewed the State’s supplemental pleading and affidavits. The first
    affidavit is that of Assistant Attorney General Amy Symons-Jackson (Symons-Jackson Aff.), to
    which she attaches an attorney time log. The attorney time log shows that Ms. Symons-Jackson
    spent 19.3 hours on this case, which Ms. Symons-Jackson states is an accurate reflection of the
    time she spent on this case. (Symons-Jackson Aff. at 1.) Ms. Symons-Jackson cites similar
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    cases in which courts have allowed an hourly rate of $120/hour. (
    Id
    .) At that rate, the total
    cost of Ms. Symons-Jackson’s time is $2,316.00.
    The Board notes that it has previously found a rate of $120/hour to be reasonable for
    State of Illinois attorneys. (See,
    e.g.
    , People of the State of Illinois v. ESG Watts, Inc. (May
    4, 1995), PCB 94-127, slip op. at 18, aff’d, 282 Ill. App. 3d 43, 668 N.E.2d 1015 (1996).)
    The Board finds the time spent and the rate requested reasonable.
    The second affidavit is that of James J. O’Donnell, assistant counsel for the Agency’s
    Bureau of Air. He states that he spent a total of 13.5 hours on this case and, based on his pay
    scale, was paid $451.38 for this time (an hourly rate of approximately $33.43). The Board
    finds this time and rate reasonable.
    The third affidavit is that of Ron Robeen, Environmental Protection Engineer for the
    Agency’s Bureau of Air. He states that he worked 20 hours on this case and is paid at $26.85
    per hour. The cost of his time on this case is therefore $537.00. The Board finds this time
    and rate reasonable.
    The total cost of the State’s time is $3,304.38. The Board assesses Fults these costs in
    addition to the $10,000.00 civil penalty assessed in the Board’s March 20, 1997 order.
    ORDER
    1. The Board orders Fults to pay the State’s costs in this matter in the amount of
    $3,304.38 within 30 days of the date of this order. Payment of the costs must be
    made by certified check or money order payable to the Treasurer of the State of
    Illinois, designated to the Hazardous Waste Fund, and sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate Fult’s Federal Employer
    Identification Number and that payment is directed to the Hazardous Waste Fund.
    Any such costs not paid within the time prescribed shall accrue interest at the rate
    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35 ILCS
    5/1003(a) (1994)), as now or hereafter amended, from the date payment is due until
    the date payment is received. Interest shall not accrue during the pendency of an
    appeal, during which payment of the costs will be stayed.
    2. Payment of the $10,000.00 penalty assessed in the Board’s order of March 20, 1997
    must be made within 30 days of the date of this order by certified check or money
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    order payable to the Treasurer of the State of Illinois, designated to the
    Environmental Protection Trust Fund, and sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate Fult’s Federal Employer
    Identification Number and that payment is directed to the Environmental Protection
    Trust Fund.
    Any penalty not paid within the time prescribed shall accrue interest at the rate set forth
    in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35 ILCS 5/1003(a)
    (1994)), as now or hereafter amended, from the date payment is due until the date
    payment is received. Interest shall not accrue during the pendency of an appeal, during
    which payment of the costs will be stayed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders to the Illinois Appellate Court 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. Adm. Code 101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 15th day of May, 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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