ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1995
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    V.
    )
    AC 94—8
    (Administrative Citation)
    ATKINSON LANDFILL COMPANY,
    )
    (IEPA 9-94-AC)
    )
    Respondents.
    JAMES
    F.
    RICHARDSON,
    ASSISTANT
    COUNSEL,
    APPEARED
    ON
    BEHALF
    OF
    COMPLAINANT;
    BRANKO
    VARDIJAN,
    PRESIDENT,
    APPEARED
    PRO
    SE.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    G.
    T.
    Girard):
    On January 19,
    1995, the Board issued an interim opinion and
    order in this matter finding that respondent Atkinson Landfill
    Company (Atkinson)
    violated Sections 21(0) (5),
    (o) (9)
    and
    (o) (12)
    of the Environmental Protection Act
    (Act)
    on December 15,
    1993.
    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
    (0)
    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)
    (1992).)
    Since the Board found three such violations, the penalty to be
    imposed against respondent is $1500.00 plus hearing costs.
    The interim opinion and order requested affidavits from
    the Clerk of the Board and the Agency to determine hearing
    costs.
    On February 6,
    1995, the Agency filed an affidavit
    stating that the costs incurred included $79.00 mileage
    2
    reimbursement
    (316 miles at
    $
    .25 per mile),
    lodging at $51.06 and
    per diem of $36.00 for a total of one hundred and sixty-six
    dollars and six cents
    ($166.06).
    On February 3,
    1995, the Clerk
    of the Board filed an affidavit of costs stating that the Board’s
    hearing costs were five hundred and sixty dollars
    ($560).
    Furthermore, respondent has not filed an objection to the
    affidavit of costs filed by the Agency and the Board.
    Therefore,
    the total hearing cost to be assessed against respondent
    is seven
    hundred twenty-six dollars and six cents
    ($726.06).
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent is hereby found to have been in violation on
    December 15,
    1993, of 415 ILCS 5/21(o)(5),
    (9)
    and
    (12)
    (1992).
    2.
    Within 45 days of this Order Respondent
    shall, by certified check or money order, pay
    a civil penalty,
    if not already paid,
    in the
    amount of one thousand five hundred dollars
    ($1,500) payable 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
    3.
    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 seven hundred twenty—six dollars
    and six cents ($726.06) 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.
    3
    5.
    Penalties unpaid after the due date shall accrue
    interest pursuant to Section 42(g)
    of the Illinois
    Environmental Protection Act.
    6.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/40.1) provides for the appeal of final Board orders within 35
    days of service of this decision.
    The Rules of the Supreme Court
    of Illinois establish filing requirements.
    (But see also,
    35
    Ill. Adm. Code 101.246, Motions for Reconsideration.)
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    4E.~~-
    day of
    ____________________,
    1995, by a
    vote of
    7-~
    .
    /
    /L~
    Dorothy M. ,~unn,Clerk
    Illinois P~IlutionControl Board

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