ILLINOIS POLLUTION CONTROL BOARD
    September 7,
    1995
    SANGANON
    COUNTY
    DEPARTMENT
    OF
    PUBLIC
    HEALTH,
    Complainant,
    v.
    )
    AC
    92—37
    (Administrative
    Citation)
    (On
    Remand)
    GERALD
    B.
    MILLER,
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by
    C.A.
    Manning):
    This
    matter
    is
    before
    the
    Board
    on
    remand
    from
    a
    mandate
    issued by the Appellate Court, Fourth Judicial District on May
    23,
    1995
    in
    Gerald B. Miller v. Sangamon County Dep’t. of Public
    Health and
    IPOB,
    Docket Nos.
    4-93-0585 and
    4—93—0047.
    In its
    September 30,
    1994
    opinion
    and
    order,
    the
    court
    upheld
    our
    decision that the respondent violated certain administrative
    citation provisions of the Environmental Protection Act
    (Act)
    and
    additionally, while the court’s opinion also upheld the Board’s
    power to assess hearing costs against a respondent for violating
    the Act, the court determined that some of the costs assessed in
    this case were not reasonable.
    (Miller,
    Slip.
    Op.
    at 16.)
    The
    court remanded this matter to the Board for a determination as to
    the reasonable costs to be assessed against the respondent,
    Gerald B. Miller.
    While not representative of the actual costs incurred by the
    Board in conducting the hearing in this matter, we believe that
    under the circumstances, the sum of $150 to cover the Board’s
    transcript costs and a portion of the hearing officer’s time,
    is
    an appropriate amount to be assessed.
    As we are presently
    considering our costs in the context of revising our procedural
    rules, this figure should not be relied upon in the future as
    precedent for the costs we may assess against responsible
    respondents in administrative citation cases.
    (In the
    Matter
    of:
    Revisions of the Board’s Procedural Rules,
    CR95-i).)
    Regarding costs requested by Sangamon County
    ($60 attorney
    fee,
    $20 witness fee and a $10 mail document preparation cost),
    these costs were determined by the appellate court to be beyond
    the scope of “hearing costs” in this case.1
    (Miller,
    Slip Op.
    at
    11t bhould be noted that the appellate court held that an expert witness
    fee may
    be
    charged
    against a Liable respondent
    in an administrative citation
    case; however,
    in
    this
    case
    the witness fee
    of
    $20
    is
    not appropriate because
    the witness was the party responsible for bringing the citation against
    Miller, rather than being a true, expert witness.
    Further, the appellate
    2
    16-18.)
    Thus, on remand,
    no costs will be assessed to Gerald
    Miller to cover Sangamon County’s expenses related to this
    matter.
    Therefore, within 45 days of service of this order,
    if not
    already paid,
    Gerald Miller shall, b~certified check or money
    order, pay the civil penalty assessed in this case in the Board’s
    decision of December 17,
    1992, the sum of five hundred dollars
    ($500)
    for violating Section 21(p)
    (1) of the Act, payable to the
    Environmental Protection Trust Fund.
    Additionally, within 45
    days of this order,
    respondent shall, by certified check or money
    order payable to the General Revenue Fund, pay as compensation
    for hearing costs incurred by the Board, the amount of one
    hundred and fifty dollars
    ($150.00). Respondent
    shall write the
    case name and number and
    social security or federal Employer
    Identification Number on each certified check or money order and
    send the payments by First Class mail to:
    Illinois Environmental
    Protection Agency, Fiscal Services Division,
    2200 Churchill Road,
    P.O. Box 19276, Springfield,
    Illinois 62794.
    Penalties unpaid
    after the due date shall accrue interest pursuant to Section
    42(g)
    of the
    Illinois Environmental Protection Act.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environment Protection Act (415 ILCS 5/41
    (1995)) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    Board Member
    J~.TheodoreMeyer
    dissented.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, h reb
    certify that the above order yas adopted on the
    ____
    day of
    _____________,
    1995, by a vote of
    fr,/
    preparing documents to mail,
    but that it could charge for postage and
    certified mail fee. Because the postage costs will
    be
    minimal, we will not
    assess costs for Sanganlon County in this case under these circumstances.

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