ILLINOIS POLLUTION CONTROL BOARD
    October 6, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 94-1
    (Enforcement)
    ROBERT D. FOSNOCK, d/b/a
    )
    FOS AUTO AND TRUCK PARTS,
    )
    )
    Respondent.
    SUPPLEMENTAL ORDER OF THE BOARD (by C.A. Manning):
    On September 15, 1994, we entered our opinion and order
    finding the respondent, Robert D. Fosnock, in violation of
    Section 55(a)
    ,
    (a) (6)
    ,
    (c), (d) (2)
    ,
    (e) and (j) of the Used Tire
    Management provisions of the Environmental Protection Act (Act),
    Sections 21(a),(d)(l),(d)(2),(e) and (p)(5) of open dumping
    provisions of the Act, and 35 Ill. Adm. Code 848.201(b) and
    848.501(a) 848.202(a), (b), and (c), 848.400(b), 848.401(a), and
    848.404(a) 848.202(a), (b), and
    (C),
    848.400(b), 848.401(a), and
    848.404(a). We also awarded the State of Illinois a cease and
    desist order, a penalty in the amount of $156,250.00, and the
    Attorney General of Illinois’ attorneys’ fees and costs. We
    directed that the Attorney General file an affidavit of fees and
    costs within seven days of receipt of our order and that Fosnock
    may file a response within seven days thereafter.
    On September 27, 1994, we received an affidavit from
    Assistant Attorney General James L. Morgan, stating he expended
    13 hours in preparation and hearing time in this matter, and that
    he believed his services should be charged at $150.00 per hour.
    Fosnock filed no response to the affidavit.
    Section 42(f) of the Act provides that reasonable attorneys
    fees and costs may be awarded when the Attorney General has
    prevailed against a person who has committed a willful, knowing
    or repeated violation of the Act. Pursuant to Section 42(f), we
    find that 13 hours is a reasonable number of hours spent in the
    prosecution of this case. We also find that $100.00 per hour is
    a reasonable rate for an attorney employed by the State of
    Illinois. (~ Peo~ñev. Freedom Oil (May 6, 1994) PCB 93—59,
    slip op. at 11 and supplemental opinion, Peoile v. Freedom Oil
    (June 6, 1994) PCB 93—59.)
    Accordingly, we award the Office of the Attorney General one
    thousand and three hundred dollars ($1300). The respondent is
    directed to make such payment within 35 days of the date of this
    order by certified check or money order payable to the Treasurer
    of the State of Illinois, designated for deposit to the Hazardous
    2
    Waste Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield, IL 62706
    The certified check or money order shall clearly indicate on its
    face, the case name and number, Robert D. Fosnock’s federal
    employer identification number or social security number, and
    that payment is directed to the Hazardous Waste Fund.
    IT IS SO ORDERED.
    J.Theodore Meyer concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bgar~, do hereby certify~tha~the above order was adopted on the
    ~ day of ___________________________, 1994, by a vote of
    -o
    .
    Dorothy N. G~n, Clerk
    Illinois
    P0
    tion Control Board

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