ILLINOIS POLLUTION CONTROL BOARD
    December 14, 1994
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 93—58
    (Enforcement)
    L. KELLER OIL
    PROPERTIES, INC.,
    Respondent.
    )
    OPINION AND ORDER OF THE BOARD (by 3. Theodore Meyer):
    This matter is before the Board on a six—count complaint
    filed by complainant the People of the State of Illinois on March
    19, 1993. On October 20, 1994, the Board issued an interim
    opinion and order, finding that respondent L. Keller Oil
    Properties, Inc. failed to comply in a timely manner with the
    reporting requirements of Sections 731.162(b) and 731.163(b) of
    our rules (35 Ill. Adin. Code 731.162(b) and 731.163(b)) for a
    January 26, 1990 release of petroleum at the Bartley Garage in
    Charleston. The Board ordered Keller to submit the missing
    reports, and assessed a total penalty of $15,000. Additionally,
    we found that Keller had committed knowing violations of Board
    regulations, and thus awarded complainant its attorney’s fees and
    costs pursuant to Section 42(f) of the Environmental Protection
    Act (Act). (415 ILCS 5/42(f) (1992).)
    On October 31, 1994, the Office of the Attorney General
    filed its affidavit of attorney’s fees and costs incurred in its
    representation of complainant. The affidavit of John 3. Kim
    states that he spent 12 hours preparing the complaint, 15 hours
    preparing for the three hearings in this matter, and 8 hours
    preparing the post-hearing briefs, and suggests a rate of $100
    per hour, based on his qualifications and experience.
    Additionally, the affidavit states that complainant spent $314.45
    on the transcript of the three hearings. Thus, the attorney’s
    fees and costs total $3,814.45. Although our October 20 opinion
    and order allowed Keller 7 days to respond to the affidavit,
    Keller has not filed any response. We hereby find the requested
    attorney’s fees reasonable, and award complainant the costs and
    attorney’s fees requested in the affidavit.
    ORDER
    L. Keller Oil Properties, Inc. shall pay attorneys’ fees of
    three thousand five hundred dollars ($3, 500), and costs of three
    hundred fourteen dollars and forty—five cents ($314.45), as
    detailed in the affidavit of John J. Kim, filed October 31, 1994,
    2
    for a total of three thousand eight hundred fourteen dollars and
    forty-five cents ($3,814.45). Unless payment has already been
    made, payment shall be made 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
    Waste Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield, Illinois 62706
    The certified check or money order shall clearly indicate on
    its face the case name and number, L. Keller Oil Properties’
    federal employer identification number or social security number,
    and that payment is directed to the Hazardous Waste Fund.
    Any such penalty not paid within the time prescribed shall
    incur interest at the rate set forth in subsection (a) of Section
    1003 of the Illinois Income Tax Act (35 ILCS 5/1003), as now or
    hereafter amended, from the date payment is due until the date
    payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has
    been stayed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders 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 IlI.Adm.Code 101.246 “Motions for Reconsideration”.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~y.that the ab~yeopinion and order was
    adopt~dop the /‘~-~ day of
    /J~’~
    ,
    1994, by a vote
    of
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    Dorothy M. GUJ)~h, Clerk /
    Illinois P01 tion Control Board

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