ILLINOIS POLLUTION CONTROL BOARD

February

1,

1996

PEOPLE OF THE STATE

OF ILLINOIS,

)

)

Complainant,

)

PCB 95-47

)

(Enforcement

-

Land)

v.

)

)

W.O.W. TRUCK LINES, INC.,

)

)

Respondent.

FINAL OPINION AND ORDER OF THE BOARD (by M. McFawn):

On December 20,

1995, the Board issued

an interim opinion and order

in this matter,

granting summaryjudgment

in favor ofthe People ofthe State ofIllinois (People) against

W.O.W.

Truck Lines, Inc.

(W.O.W.),

and finding W.O.W.

in violation of Section

2 1(g) ofthe

Environmental Protection Act (Act),

(415

ILCS 5/21(g)),

and 35

Iii.

Adm.

Code 809.201.

In the

December 20,

1995

opinion, the Board also found that it was appropriate to

assess a penalty of

ten thousand dollars ($10,000) against W.O.W.,

and to

award the People their hearing costs and

attorneys fees.

The Board directed the People to file their hearing costs by January 4,

1996,

and

granted W.O.W.

leave to

file a response thereto by January

18,

1996.

On January 4,

1996, the People filed an affidavit ofattorneys fees.

The affidavit states

that the preparation ofpleadings in this matter required a total ofseven

hours,

and seeks an hourly

rate ofone hundred twenty dollars ($120.00) per hour, for a total ofeight

hundred forty dollars

($840.00).

In support ofthe

one hundred twenty dollars ($120.00) per hour rate, the People

assert

that such a rate was found reasonable in People v.

ESG Watts, PCB 94-127 (May 4,

1995).

W.O.W. has not filed a response to the People’s affidavit of attorneys fees.

We find that the

requested attorneys fees are reasonable.

In accordance with the findings in our December 20,

1995 interim opinion and order, the

attached order assesses a ten thousand

dollar penalty ($10,000) against W.O.W.

and directs

W.O.W.

to pay the People’s attorneys fees ofeight hundred forty dollars ($840.00).

This opinion constitutes the Board’s final findings offact and conclusions oflaw in this

matter.

---

2

ORDER

Having found W.O.W. Truck Lines, Inc.

(W.O.W.), in violation of Section 21(g) ofthe

Environmental Protection Act (Act),

(415 ILCS

5/21(g)),

and

35

Ill.

Adm.

Code 809.201

in our

December 20,

1995 interim

opinion and order, we order W.O.W. to

do the following:

1)

W.O.W.

shall immediately cease and desist

from further violations ofthe Act orBoard

regulations.

2)

W.O.W.

shall

pay a penalty often thousand dollars ($10,000) within 30 days ofthe date of

this order.

Such payment shall be made by certified check or money order payable to the

Treasurer ofthe State of Illinois,

designated to the Environmental

Protection Trust Fund,

and

shall be 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 on its face, the respondent’s

Federal Employer Identification Number or Social

Security Number and that payment

is

directed to the Illinois Environmental Protection Trust

Fund.

Any such penalty not paid within the time prescribed shall incur interest

at the rate set

forth in

subsection (a) of Section

1003 ofthe Illinois Income Tax Act (35 ILCS

5/1003)

as now or hereafter amended,

from the date payment is due until the date payment is

received.

Interest shall not accrue during the pendency ofan appeal during which

payment of the penalty has been stayed.

3)

W.O.W.

shall pay the attorneys fees ofeight hundred forty dollars ($840.00), incurred at a

rate of$120/hour, incurred by the Office ofthe Illinois Attorney General

in its

representation ofthe State ofIllinois and

the Illinois Environmental Protection Agency.

Such payment shall be made by certified check or money order payable to the Treasurer of

the State ofIllinois,

designated to the Hazardous Waste Fund,

and

shall be sent by First

Class

mail to:

Illinois

Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box

19276

Springfield, IL 62794-9276

---

3

The certified check or money order shall clearly indicate on

its face, the respondent’s

Federal Employer Identification Number or Social Security Number and that payment is

directed to the Hazardous Waste Fund.

IT IS

SO

ORDERED.

Section 41

ofthe Environmental Protection Act (415 ILCS 5/41(1994)) provides for the

appeal of final Board

orders within 35 days ofthe date ofservice ofthis order. The Rules ofthe

Supreme Court ofIllinois establish filing requirements. (See also

35

Ill.

Adm.

Code

101.246

“Motions for reconsideration”.)

I, Dorothy M.

Gunn, Clerk ofthe Illinois Pollution Control J~oard,

hereby certify that the

above final opinion and

order was adopted on the

~

day of

~

,

1996, by a vote of

7—C

.

/~

6~

/2

~

Dorothy M. G~,

Clerk

Illinois Polluti~y’Contro1Board