ILLINOIS POLLUTION CONTROL BOARD
March 7,
1996
MONTGOMERY COUNTY, ILLINOIS,
)
)
Complainant,
)
)
AC 95-43
v.
)
(Administrative Citation)
)
CLIFFORD CRISPENS
AND
)
JACQUELINE R. CRISPENS,
)
Respondents.
KATHRYN DOBRINIC, STATE’S ATTORNEY, APPEARED
ON BEHALF OF
MONTGOMERY COUNTY;
CLIFFORD CRISPENS APPEARED
PRO SE.
OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
On February
1,
1996, the Board issued an interim opinion and order in this matter.
The
interim opinion and order dismissed the matter as to respondent, Line Pilot Bungee, Inc., and
found that respondents, Clifford Crispens and Jacqueline R. Crispens, violated Sections 21(p)(1)
and 2l(p)(3) of the Illinois Environmental Protection Act (Act)(415 ILCS
512l(p)(l) and
2l(p)(3) (1994) on April
10,
1995.
Having found a violation ofthe Act, the Board must assess
the appropriate penalty.
Penalties in administrative citation actions are prescribed by Section 42(b) ofthe Act,
which states:
In an administrative citation action under Section 31.1 ofthis Act, any person found to
have violated any provision of subsection (o) or (p) ofSection
21 ofthe Act shall pay a
civil penalty of$500 for each violation ofeach 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 of local government issued the
administrative citation,
50
of the civil penalty
shall be payable to the unit oflocal
government.
(415 ILCS
5/42(b)(4)
(1994).
The Board has found two such violations in this matter; therefore, the total penalty to be
imposed against respondents is one thousand dollars ($1,000.00) plus hearing costs.
The
2
February
1,
1996
interim opinion and order requested affidavits from
Montgomery County,
Illinois and the Clerk ofthe Board
to determine hearing costs.
On February
16,
1996, Montgomery County filed an affidavit stating that its hearing costs
totaled seventy-six dollars ($76.00).
The county’s costs are for service ofthe citation and for the
hearing transcript.
On February
15,
1996, the Clerk of the Board filed an affidavit stating that
the Board’s hearing costs were three hundred, seventy-five dollars
($375.00).
The Board’s costs
cover the court reporter and transcript costs.
Respondents did not file an objection to the
affidavits ofcosts.
Therefore the total hearing cost to be assessed against respondents is four
hundred, fifty-one dollars
($451.00).
This opinion constitutes the Board’s findings offact and conclusions oflaw in this
matter.
ORDER
1.
Respondents, Clifford Crispens and Jacqueline
R. Crispens, are hereby found to have
violated 415 ILCS
512l(p)(l)
and 2l(p)(3)
on April
10, 1995.
2.
Within 45
days ofthis order respondents shall, by
certified check or money order payable to
Montgomery County Treasurer, pay a civil penalty in the amount
ofone thousand
dollars
($1,000.00), and as compensation for hearing costs
incurred by the County, pay the amount
ofseventy-six dollars ($76.00), for a total ofone thousand, seventy-six dollars ($1,076.00)
to:
Ms. Amy Stewart, Director
Montgomery County Health Department
South Route
185
Hillsboro, IL
62049
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 Genera
Revenue Fund, pays as compensation forhearing costs incurred by the Board, the amount of
three hundred, seventy-five dollars
($375.00)
which is to 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
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.
3
Payment ofthis penalty does not prevent future prosecution if the violation or violations
continue.
IT
IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS
5/41
(1994)) provides for the
appeal offinal 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 Board, hereby certif~’that the
above opinion and order was adopted on the
7~’
day of ~h
4-~-~~V
,
1996, by a vote of
7-0
.
•u~4i~.
Dorothy M. ~
Clerk
Illinois
Polluui6n Control Board