ILLINOIS POLLUTION CONTROL BOARD
    February 16,
    1995
    SANGANON COUNTY,
    )
    Complainant,
    V.
    )
    AC 94—16
    (Administrative Citation)
    DONLEY,
    INC.,
    an Illinois Corporation,
    )
    Respondent.
    ROBERT SMITH, ASSISTANT STATE’S ATTORNEY,
    SANGAMON COUNTY,
    APPEARED ON BEHALF OF COMPLAINANT;
    DELMAR DONLEY APPEARED ON BEHALF OF RESPONDENT DONLEY,
    INC.
    OPINION AND ORDER OF THE BOARD
    (by R.C.
    Flemal):
    On September 15,
    1994,
    the Board issued an interim opinion
    and order in this matter,
    finding that the respondent Donley,
    Inc. violated Sections 21(p) (1)
    and 21(p) (3)
    of the Environmental
    Protection Act
    (Act)
    (415 ILCS 5/21(p) (1) and
    (3) (1992)) on
    January 31,
    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 two such violations,
    the penalty to be
    imposed against respondent is $1000.00 plus hearing costs.
    The interim opinion and order requested affidavits from
    Sangamon County and the Clerk of the Board to determine hearing
    costs.
    Costs were requested from Sangamon County in lieu of
    2
    the Illinois Environmental Protection Agency,
    since the County
    was the delegated authority that prosecuted this action.
    On
    September 26,
    1994,
    Sangamon County filed an affidavit stating
    that its hearing costs were twenty five dollars and fifty cents
    ($25.50).
    On September 29,
    1994 the Clerk of the Board filed an
    affidavit stating that the Board’s hearing costs were one hundred
    and fourteen dollars ($114.00).
    Furthermore, respondent has not
    filed an objection to the affidavit of costs filed by Sangamon
    County and the Board.
    Therefore,
    the total hearing cost to be
    assessed against respondent is one hundred thirty nine dollars
    and fifty cents
    ($139.50).
    This opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent Donley,
    Inc.
    is hereby found to have violated 415
    ILCS 5/21(p) (1) and
    (3) (1992)
    on January
    31,
    1993.
    2.
    Within 45 days of this order respondent shall pay a civil
    penalty,
    if not already paid, by certified check or money
    order,
    in the amount of one thousand dollars
    ($1000.00)
    which is to be sent by First Class mail to:
    Mr. James D. Stone, Director
    Sangamon County Department of Public Health
    200 South Ninth Street
    Room 301
    Springfield,
    IL 62701
    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, pay hearing costs in the amount of
    twenty five dollars and fifty cents
    ($25.50) which is to be
    sent by First Class mail to:
    Mr. James D. Stone, Director
    Sangainon County Department of Public Health
    200 South Ninth Street
    Room 301
    Springfield,
    IL 62701
    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 one
    hundred and fourteen dollars
    ($114.00) which is to be sent by
    3
    First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    5.
    Respondent shall write the case name and number and social
    security or federal Employer Identification Number on each
    certified check or money order.
    6.
    Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g) of the Illinois Environmental
    Protection Act.
    7.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41 (1992)), provides for appeal of final orders of the Board
    within 35 days of the date of service of this order.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (See also 35 Ill. Adm. Code 101.246, Motion for Reconsideration.)
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify~hatthe above 2pinion and order was
    adopted on the
    -
    i~’~
    day of
    c~--~-’~’-~-i
    ,
    1995,
    byavoteof
    7-c
    .
    ~U-1~-~7
    ~
    ~
    -
    Dorothy N. ~$.inn,Clerk
    Illinois P6flution Control Board

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