ILLINOIS POLLUTION CONTROL BOARD
    November 4, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DOUGLAS S. CARRICO d/b/a CARRICO’S
    AUTO HEAP,
     
    Respondent.
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    AC 04-27
    (IEPA No. 686-03-AC)
    (Administrative Citation)
    MICHELLE RYAN, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF COMPLAINANT; and
     
    DOUGLAS S. CARRICO APPEARED
    PRO SE
    .
     
    OPINION AND ORDER OF THE BOARD (by A.S. Moore):
     
    Having received documentation of hearing costs in this administrative citation
    enforcement action, the Board today issues its final opinion and order. On September 2, 2004,
    the Board issued an interim opinion and order, finding that respondent Douglas S. Carrico d/b/a
    Carrico’s Auto Heap (Carrico) violated Section 21(p)(1) of the Environmental Protection Act
    (Act) (415 ILCS 5/21(p)(1) (2002)) at a former salvage yard in Kane, Greene County. The
    Board held that Carrico violated the Act by allowing the open dumping of waste resulting in
    litter. The violation was alleged in an administrative citation issued by the Illinois
    Environmental Protection Agency (Agency).
     
    In its September 2, 2004 decision, after the Board found the violation, the Board held
    that under Section 42(b)(4-5) of the Act (415 ILCS 5/42(b)(4-5) (2002)), Carrico was subject to
    the statutorily-fixed $1,500 civil penalty. In addition, the Board held that Carrico, by
    unsuccessfully contesting the administrative citation at hearing, also must pay the hearing costs
    of the Agency and the Board. The hearing in this case was held on April 7, 2004, at the City
    Hall Council Room in Carrolton, Greene County.
     
    Because no information on hearing costs was in the record, the Board directed the
    Agency and the Clerk of the Board each to file documentation of the respective hearing costs,
    supported by affidavit, and to serve the filing on Carrico.
     
    The Board also gave Carrico an
    opportunity to respond to the requests for hearing costs and noted that after the time periods for
    these filings had expired, the Board would issue a final opinion and order assessing the civil
    penalty and any appropriate hearing costs.
     
     
    2
    On September 24, 2004, the Board received the Agency’s statement of hearing costs,
    supported by affidavit, which the Agency served on Carrico. The Agency’s hearing costs total
    $90.44, consisting of mileage and clerical costs. On September 8, 2004, the Clerk of the Board
    submitted an affidavit of the Board’s hearing costs totaling $300.45, the entirety of which
    reflects the costs of court reporting. The Clerk served this documentation on Carrico, who did
    not respond to either the Agency’s statement of hearing costs or the Clerk’s affidavit.
     
    The Board finds the hearing costs of the Agency and the Board reasonable and below
    orders Carrico to pay those costs under Section 42(b)(4-5) of the Act. The Board incorporates by
    reference the findings of fact and conclusions of law from its September 2, 2004 interim opinion
    and order. Under Section 31.1(d)(2) of the Act (415 ILCS 5/31.1(d)(2) (2002)), the Board
    attaches the administrative citation and makes it part of the Board’s final order.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board finds that Carrico violated Section 21(p)(1) of the Act (415 ILCS
    5/21(p)(1) (2002)) by allowing the open dumping of waste resulting in litter.
     
    2. The Board assesses the statutory civil penalty of $1,500 for the violation, as well
    as hearing costs totaling $390.89, for a total amount due of $1,890.89. Carrico
    must pay $1,890.89 no later than December 20, 2004, which is the first business
    day following the 45th day after the date of this order. Carrico must pay this
    amount by certified check or money order, made payable to the Illinois
    Environmental Protection Trust Fund. The case number, case name, and
    Carrico’s social security number or federal employer identification number must
    be included on the certified check or money order.
     
    3. Carrico must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Act (415 ILCS 5/42(g) (2002)) at the rate set forth in Section 1003(a)
    of the Illinois Income Tax Act (35 ILCS 5/1003(a) (2002)).
     
    5. Payment of this penalty does not prevent future prosecution if the violation
    continues.
     
    IT IS SO ORDERED.
     
     
    3
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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