ILLINOIS POLLUTION CONTROL BOARD
    June 30, 1994
    MONTGOMERY
    COUNTY,
    )
    )
    Complainant,
    )
    V.
    )
    AC 93—45
    )
    (Administrative
    Citation)
    RITA HEFLEY,
    )
    )
    Respondent.
    KAThERINE
    DOBRINI C,
    MONTGOMERY
    COUNTY
    STATE’ S
    ATTORNEY
    APPEARED
    ON
    BEHALF
    OF
    MONTGOMERY
    COUNTY,
    and
    RITA
    HEFLEY
    APPEARED
    PRO
    SE.
    OPINION
    AND ORDER
    OF THE
    BOARD
    (by M. McFawn):
    On April 21,
    1994, the Board issued an interim opinion and
    order in this matter, finding that the respondent violated
    Sections 21(p) (1)
    of
    the
    Environmental Protection Act
    (Act)
    (415
    ILCS 5/21(p)(l)
    (1992)) on July 23,
    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
    (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)
    (1992).)
    Since the Board found one such violation, the penalty to be
    imposed against respondent is $500.00 plus hearing costs.
    The interim
    opinion
    and order requested affidavits from
    Montgomery County and the Clerk of the Board to determine hearing
    costs.
    Costs were requested from Montgomery County in lieu of
    the Illinois Environmental Protection Agency, since the County
    was the delegated authority that prosecuted this action.
    On May
    2
    20,
    19941,
    the Clerk of the Board filed an affidavit stating that
    the Board’s hearing costs were one hundred forty—one dollars
    ($141.00).
    Montgomery County did not file a statement of costs.
    Furthermore,
    respondent has not filed an objection to the
    affidavit of costs filed by the Clerk of the Board.
    Therefore,
    the total hearing cost to be assessed against respondent is one
    hundred forty-one dollars
    ($141.00).
    This opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent Rita Refley is hereby found to have violated 415
    ILCS 5/21(p)(1)
    (1992) on July 23,
    1993.
    2.
    Within 45 days of this order respondent shall,
    by certified
    check or money order, pay a civil penalty in the amount of
    five hundred dollars ($500.00) which is to be sent by First
    Class mail to:
    Mr. Tom Larson, Director
    Montgomery County Health Department
    South Route 185
    Hillsboro, IL 62049
    Respondent shall also include the remittance form with the
    payment.
    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 one
    hundred forty-one dollars ($141.00) 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.
    The Clerk of the Board filed an amended affidavit on May
    25,
    1994 correcting the case caption.
    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.
    J. Theodore Meyer dissented.
    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.that the above opi
    n and order was
    adopted on the
    ~
    day of
    ____________________,
    1994,
    byavoteof
    A
    Dorothy M.
    Gui~xf, Clerk
    Illinois Polli~ionControl Board

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