ILLINOIS POLLUTION CONTROL BOARD
    August 24,
    1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    AC 94—73
    V.
    )
    (IEPA No. 415—94-AC)
    )
    (Administrative Citation)
    STACY B. HESS,
    )
    Respondent.
    MELANIE A. JARVIS, ASSISTANT COUNSEL, APPEARED ON BEHALF OF THE
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY;
    STACY B.
    HESS APPEARED PRO SE.
    OPINION AND ORDER OF THE BOARD
    (by B.C.
    Flemal):
    On March 16,
    1995, the Board issued an interim opinion and
    order
    in this matter,
    finding that respondent Stacy
    B.
    Hess
    violated Section 21(p) (1)
    of the Environmental Protection Act
    (Act)
    (415 ILCS S/21(p) (1) (1994))
    on June 20, 1994 at the
    Washington/Hess Property.
    Having found a violation of the Act,
    the Board must assess the appropriate penalty for the violation.
    Penalties in administrative citation actions are prescribed
    by Section 42(b)(4)
    of the Act which states:
    In an administrative citation action under Section 31.1
    of this Act,
    any person found to have violated any
    provision of subsection
    (o)
    or
    (p)
    of Section 21 of
    this 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 Illinois
    Environmental Protection
    Agency.
    Such penalties shall
    be made payable to the Environmental Protection Trust
    Fund to be used in accordance with the provisions of
    the 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 of local government.
    (415 ILCS 5/42(b)(4)
    (1994).)
    Since the Board found such a violation,
    the penalty to be
    imposed against respondent
    is $500.00 plus hearing costs.
    The interim opinion and order requested affidavits from
    the Illinois Environmental Protection Agency
    (Agency) and the
    Clerk of the Board to determine hearing costs.
    On April
    3,
    1995
    2
    the Agency filed an affidavit stating that its hearing costs were
    forty two dollars
    ($42.00).
    On March 29,
    1995 the Clerk of the
    Board filed an affidavit stating that the Board’s hearing costs
    were two hundred ninety two dollars and thirty cents
    ($292.30).
    Respondent has not filed an objection to the affidavit of costs
    filed by the Agency or the Board.
    Therefore, the total hearing
    cost to be assessed against respondent is three hundred thirty
    four dollars and thirty cents
    ($334.30).
    This opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent Stacy
    B. Hess
    is hereby found to have violated
    415 ILCS S/2l(p) (1)
    at the Washington/Hess Property on
    June 20,
    1994.
    2.
    Within 45 days of this 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
    five hundred dollars ($500.00)
    which is to be sent by First
    Class mail to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    Respondent shall also include the remittance form with the
    payment.
    3.
    Within 45 days of this order respondent shall,
    by certified
    check or money order payable to the General Revenue Fund,
    pay hearing costs in the amount of forty two dollars
    ($42.00) which is to be sent by First Class mail to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.O. Box 19276
    Springfield, IL 62794—9276
    4.
    It is hereby ordered that within 45 days of the date of
    this order, respondent shall,
    by certified check or money
    order payable to the State of Illinois,
    designated for
    deposit to the General Revenue Fund, pay as compensation for
    hearing costs incurred by the Board,
    the amount of two
    hundred ninety two dollars and thirty cents
    ($292.30) which
    is to be sent by First Class mail to:
    3
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    5.
    Respondent shall write the case name and number and social
    security or federal Employer Identification Number on each
    certified check or money order.
    6.
    Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g)
    of the Illinois Environmental
    Protection Act.
    7.
    This docket
    is hereby closed.
    IT IS SO ORDERED.
    Board Member Joseph Yi dissented and Board Member
    J.
    Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1994)), provides for appeal of final orders of the Board
    within 35 days of the date of service of this order.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (See also 35
    Ill. Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    ~
    day of
    ____________________,
    1995,
    byavoteof
    /
    .
    L~7’
    I
    Control Board

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