ILLINOIS POLLUTION CONTROL BOARD
    January 4,
    1996
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    )
    AC 95-6
    v,
    )
    (IEPA No. 815-94-AC)
    )
    (Administrative Citation)
    A-RELIABLE AUTO PARTS AND,
    )
    WRECKERS INC. a/k/a SCRAP
    PROCESSORS,
    )
    )
    Respondent.
    )
    MELANIE A. JARVIS, ASSISTANT COUNSEL, APPEARED ON BEHALF
    OF THE
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY;
    VINCENT BRIZGYS
    APPEARED ON BEHALF OF
    THE RESPONDENT.
    OPIMON AND ORDER OF THE BOARD (by E.
    Dunham):
    On November 2,
    1995, the Board issued
    an interim
    opinion and
    order in this
    matter.
    The
    interim opinion and order found that the respondent, A-Reliable Auto Parts and Wreckers, a/k/a
    Scrap Processors, violated Sections 2l(p)(l)
    and 2l(p)(3) of the Environmental Protection Act
    (Act)
    (415 ILCS S/21(p)(l) and 2l(p)ç3) (1994)) on December 13,
    1994.
    Having found a
    violation ofthe
    Act, the Board must assess the appropriate penalty for the violation.
    Penalties
    in administrative citation actions are prescribed by Section 42(b)(4) ofthe Act
    which states:
    In an administrative citation action under
    Section 31.1
    ofthis
    Act,
    any person found to have
    violated
    any provision ofsubsection (o) or (p) ofSection
    21 ofthis Act shall pay a civil
    penalty of$500 for each violation of each such provision,
    plus any hearing costs incurred by
    the Board
    and the Agency.
    Such penalties shall be made payable to the Environmental
    Protection Trust Fund to be used in accordance with the provisions ofthe Environmental
    Protection Trust Fund
    Act except if a unit oflocal government
    issued the administrative
    citation,
    50
    ofthe
    civil penalty shall be
    payable to the unit of local government.
    (415 ILCS
    5/42(b)(4) (1994).)
    The Board has found two
    such violations, therefore, the total penalty to be imposed
    against respondent is $1000.00 plus hearing costs.
    The interim opinion and
    order requested
    affidavits from the Environmental Protection Agency (Agency) and the Clerk ofthe Board to
    determine hearing costs.
    On
    November
    8,
    1995, the Agency filed an
    affidavit stating that its hearing costs were
    three-hundred-thirty-six dollars and
    twenty-one cents ($336.21).
    The Agency’s costs are for
    2
    traveling expenses
    incurred by for Agency employees in attending the hearing.
    On November
    15,
    1995, the Clerk ofthe Board filed an
    affidavit stating that the Board’s hearing costs were three-
    hundred-fourteen dollars and thirty cents ($314.30).
    The Board’s costs are the costs ofthe court
    reporter and
    transcript.
    The respondent
    did not file an objection to the affidavits ofcost.
    Therefore, the total hearing cost to be assessed against respondent is six-hundred-fifty dollars and
    fifty-one cents
    ($650.51).
    This opinion constitutes the Board’s findings offacts and conclusions of law in
    this matter.
    ORDER
    1.
    Respondent, A-Reliable Auto Parts and Wreckers, a/k/a Scrap Processors,
    is hereby found
    to have violated 415 ILCS
    5/21(p)(1)and (3) (1994) on December 13,
    1994.
    2.
    Within 45
    days ofthis order respondent shall,
    by certified check or money order payable
    to the Illinois Environmental Protection Trust Fund, pay a civil
    penalty in the amount of
    $1,000.00 to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchhill Road,
    P.O.
    Box
    19276
    Springfield, IL
    62794-9276
    Respondent shall also include the remittance form with the payment.
    3.
    It is hereby ordered that within 45
    days ofthe date of this order,
    respondent shall,
    by
    certified check or money order payable to the State ofIllinois, designated for deposit to
    the General RevenueFund, pay as compensation for hearing costs incurred by the Agency
    and the Board,
    the amount of six-hundred-fifty dollars
    and fifty-one cents ($650.51) which
    is to be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box
    19276
    Springfiefd,
    IL 62794-9276
    4.
    Respondent shall write the case name and number and
    social security or federal Employer
    Identification Number on
    each certified check or money order.
    Penalties unpaid after the due date shall accrue interest pursuant to
    Section 42(g) ofthe
    Illinois Environmental Protection
    Act.
    5.
    This docket is hereby closed.
    3
    IT IS
    SO ORDERED.
    Chairman C.
    A. Manning dissented.
    Section
    41
    ofthe Environmental Protection Act,
    (415 ILCS
    5/41
    (1994)), provides for
    appeal offinal orders ofthe Board within 35
    days of the date of service ofthis order.
    The Rules
    ofthe Supreme Court ofIllinois establish filing requirements.
    (See also 35 Ill.
    Adm.
    Code
    101.246, Motion for Reconsideration.)
    I, Dorothy M.
    Gunn, Clerk ofthe Illinois Pollution Control Board,
    hereby certify that the
    above opinion and order was adopted on the
    ~
    day of
    1996,
    by a vote of
    (~/.
    7/
    ly
    —
    ~
    ~.
    Dorothy M~~unn,
    Clerk
    Illinois Po~.1~jtion
    Control Board

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