ILLINOIS POLLUTION CONTROL BOARD
    May 6, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SPIRCO ENVIRONMENTAL INC., a
    Missouri corporation,
    Respondent.
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    PCB 97-203
    (Enforcement - Land)
    THOMAS DAVIS, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    THE PEOPLE OF THE STATE OF ILLINOIS; and
    J. ERIC BERRY OF THOMPSON COBURN APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    This matter is before the Board on a complaint filed by the Illinois Attorney General’s
    Office on behalf of the People of the State of Illinois (complainant) on May 14, 1997. The
    complaint alleged that respondent Spirco Environmental Inc. (Spirco) violated the Illinois
    Environmental Protection Act (Act) and the asbestos National Emission Standard for
    Hazardous Air Pollutants (NESHAP) during the course of an asbestos removal project at the
    now-abandoned Pabst Brewery in Peoria Heights, Illinois.
    On April 15, 1999, the Board entered an interim opinion and order finding that Spirco
    violated several provisions of the Act and the asbestos NESHAP, but Spirco did not violate all
    of the provisions alleged in the complaint. The Board found that Spirco violated Sections 9(a)
    and 9.1(d) of the Act (415 ILCS 5/9(a), 5/9.1(d) (1996)) and failed to comply with Sections
    61.145(a), 61.145(b), and 61.145(c) of the asbestos NESHAP. 40 C.F.R. § 61.145(a),
    61.145(b), 61.145(c) (1997). The Board also found that complainant was entitled to attorney
    fees pursuant to Section 42(f) of the Act. 415 ILCS 5/42(f) (1996). The Board ordered
    complainant to file an affidavit of costs so that the Board could determine the amount of the
    reward.
    On April 27, 1999, complainant filed an affidavit stating that attorney fees for the
    above captioned matter amounted to $1,920. Complainant seeks an hourly rate of $120 and
    provides the following breakdown for the 16 total hours spent on this matter: review and
    filing of complaint (1 hour), discovery (3 hours), preparing stipulation of facts (2 hours),
    witness preparation (1.5 hours), hearing (5 hours), and preparing briefs (3.5 hours). Spirco
    did not respond to complainant’s affidavit.
    2
    Complainant states that the Board found the $120 per hour rate to be reasonable in
    previous cases. See People v. Waste Hauling Landfill (May 21, 1998), PCB 95-91, slip op. at
    35; People v. W.O.W Truck Lines, Inc. (February 1, 1996), PCB 95-47, slip op. at 1; People
    v. ESG Watts (May 4, 1995), PCB 94-127, slip op. at 18. The Board finds that the rate is
    also appropriate in this case. Thus, the Board orders Spirco to pay attorney fees of $1,920.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    Spirco Environmental Inc. (Spirco) shall pay attorney fees of $1,920, incurred
    at the rate of $120 per hour, to the Office of the Attorney General in its
    representation of the People of the State of Illinois and the Illinois
    Environmental Protection Agency.
    2.
    No later than June 7, 1999, at 4:30 p.m., Spirco must submit either a certified
    check or money order for $1,920 made payable to the Treasurer of the State of
    Illinois. Spirco must designate the certified check or money order for deposit to
    the Hazardous Waste Fund. Spirco must write the case name and case number
    and its federal employer identification number or Social Security number on the
    certified check or money order.
    3.
    Spirco must send the payment by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 6th day of May 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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