ILLINOIS POLLUTION CONTROL BOARD
    June
    30,
    1994
    SANGAMON
    COUNTY,
    )
    Complainant,
    )
    AC
    93—30
    v.
    )
    (SCDPH 93-AC-5)
    )
    (Administrative
    Citation)
    THE
    ILLINOIS NATIONAL
    BANK
    OF
    )
    SPRINGFIELD, N/K/A FIRST OF
    )
    AMERICA
    TRUST CO.
    AND RAY LANDERS,
    )
    )
    Respondents.
    ROBERT
    L.
    SMITH
    APPEARED
    ON
    BEHALF
    OF
    COMPLAINANT.
    OPINION
    AND ORDER
    OF THE
    BOARD
    (by E. Dunham):
    On April 21,
    1994, the Board issued an interim opinion and
    order in this matter.
    The interim opinion and order found that
    the respondents violated Sections 21(p) (1) and 21(p) (3) of the
    Environmental Protection Act
    (Act)
    (415 ILCS 5/21(p) (1)
    and
    21(p) (3)
    (1992))
    on June 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 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).)
    The Board has found two such violations, therefore, the total
    penalty to be imposed against respondents 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.
    On May 9,
    1994,
    Sangamon County filed an affidavit stating
    that the county’s hearing costs were five dollars and fifty cents
    2
    ($5.50).
    On May 20,
    19941,
    the Clerk of the Board filed an
    affidavit stating that the Board’s hearing costs were forty-seven
    dollars and fifty cents
    ($47.50).
    The respondents did not file
    an objection to the affidavits of cost.
    Therefore, the total
    hearing cost to be assessed against respondents is fifty—three
    dollars
    ($53.00).
    This opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    ORDER
    1.
    Respondents, the Illinois National Bank of Springfield,
    n/k/a First of America Trust Co. and Ray Landers, are
    hereby found to have violated 415 ILCS 5/21(p) (1) and 21
    (p) (3) (1992)
    on June 15,
    1993.
    2.
    Within 45 days of this order respondent shall,
    by certified
    check or money order, pay $1005.50
    (a civil penalty in the
    amount of $1000.00 plus $5.50 as compensation for hearing
    costs incurred by the County of Sangamon) to:
    James D. Stone, Director
    Sangamon County Department of Public Health
    200 South Ninth, Room 301
    Springfield, Ii 62701
    Respondents shall also include the remittance form with the
    payment.
    3.
    It is hereby ordered that within 45 days of the date of
    this order, respondents 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 forty-
    seven dollars and fifty cents
    ($47.50) 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.
    1
    The Clerk of the Board filed an amended affidavit on May
    25,
    1994 correcting the case caption.
    3
    Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g)
    of the Illinois Environmental
    Protection Act.
    5.
    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
    ~at
    the above opint~nand order was
    adopted on the
    __________
    day of
    ____________________,
    1994,
    by a vote of
    5—/
    .
    /
    ~
    Dorothy M. ~a~1n,Clerk
    Illinois Pollution Control Board

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