ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    ILLINOIS ENVIRONMENTAL )
    PROTECTION AGENCY, )
    )
    Complainant, )
    )
    vs. ) AC 00-72
    ) (IEPA No. 69-00-AC)
    CARL WHITE (Harmony/Carl White) ) (Administrative Citation)
    )
    Respondent. )
    ROBERT J. SCHERSCHLIGT APPEARED ON BEHALF OF THE AGENCY.
    OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On November 2, 2000, the Board entered an interim opinion and order finding that
    White violated Section 21(p)(1) of the Act. The Board also found that the Illinois
    Environmental Protection Agency (Agency) and the Board were entitled to hearing costs under
    Section 42(b)(4) of the Act (415 ILCS 5/42(b)(4) (1998)), and ordered the Agency and the
    Clerk of the Board to file affidavits of such costs with the Board and to serve the affidavits
    upon White. The Board granted White 14 days from the date of his receipt of the affidavits to
    file a response. The Board stated that it would thereafter issue a final order assessing the
    statutory penalty and assessing appropriate costs.
    On November 2, 2000, the Clerk of the Board filed an affidavit stating that the Board’s
    hearing costs were $288.70, and served White the same date by first class mail. White did not
    respond to the Clerk’s affidavit. On November 16, 2000, the Agency filed a statement of
    hearing costs with the Board seeking $200 in costs.
    Accordingly, the Board orders White to pay the statutory penalty of $1,500 for
    violating Section 21(p)(1) and to pay Board and Agency hearing costs in the amount of
    $288.70 and $200 respectively.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
     
    The Board finds that respondent, Carl White (White), violated Section 21(p)(1)
    of the Illinois Environmental Protection Act, 415 ILCS 5/21(p)(1) (1998), and
    assesses White the statutory penalty of $1,500 for the violation.
    2
    2.
     
    White must pay the $1,500 penalty within 30 days of the date of this order. For
    this penalty, White must make a certified check or money order payable to the
    Environmental Protection Trust Fund in the amount of $1,500. White must
    send the certified check or money orders by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    White must include the remittance form from the administrative citation and
    write the case name and number and his social security number on the certified
    check or money order.
    3.
     
    Within 30 days of the date of this order, White must reimburse the Board for
    hearing costs in the amount of $288.70 by certified check or money order made
    payable to the General Revenue Fund. White must send the payment by First
    Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    White must write the case name and number and his social security number on
    the certified check or money order.
    4. Within 30 days of the date of this order, White must also reimburse the Agency
    for hearing costs in the amount of $200.00 by certified check or money order
    made payable to the
    Environmental Protection Trust Fund
    .
    White must send the
    certified check or money orders by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    5. Penalties unpaid after the due date will accrue interest pursuant to Section 42(g)
    of the Act (415 ILCS 5/42(g) (1998)).
    6. Payment of this penalty does not prevent future prosecution if either violation
    continues.
    3
    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 101.520, 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 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control

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