ILLINOIS POLLUTION CONTROL BOARD

July 22,

1993

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Petitioner,

V.

)

AC 92—62

Docket B

BILL

HAMMOND,

)

(Administrative Citation)

Respondent.

OPINION AND ORDER OF THE BOARD

(by G.

T.

Girard):

This matter

is before the Board on an administrative

citation

(AC)

filed by the Illinois Environmental Protection

Agency pursuant to the Environmental Protection Act.

(415 ILCS

5/1 et seq.

(1992).)

The citation was filed on September

3,

1992,

and alleges that respondent,

Bill Hammond violated Section

21(p) (1)

of the Act by causing or allowing open dumping

of waste

resulting

in litter,

and Section 21(p) (3)

by causing

or allowing

open dumping

of waste resulting

in open burning.

Respondent

filed

a petition for review with the Board on

September

18,

1992.

A hearing was held on November

17,

1992,

in

the Canton City Hall,

Canton,

Illinois,

at which no members of

the public were present.

On April 22,

1993,

the Board issued an

order finding that the cited violation had occurred and imposed

a

one thousand dollar

($1,000)

fine.

The Board also directed the

Agency to file an affidavit declaring

its hearing costs.

On April

29,

1993,

the Clerk

of the Board filed

an affidavit

stating that the Board’s hearing costs were nine hundred twelve

dollars and fifty cents

($912.50).

The Agency has not filed an

affidavit.

Therefore,

the total hearing costs to be assessed

against respondent are nine hundred twelve dollars

and fifty

cents

($912.50).

This opinion constitutes the Board’s findings of facts and

conclusions of

law

in this matter.

ORDER

1.

It

is hereby ordered that May

1,

1994,

respondent

shall,

by certified check or money order payable to the

The Board notes that generally such payments are due

within 30 days of the date of the order;

however,

for the reasons

articulated

in the April

22,

1993 opinion and order the Board

will until

May

1,

1994

to make payment

for the hearing

costs.

---

2

State of Illinois, designated for deposit to the

General Revenue Fund,

pay as compensation for hearing

costs incurred by the Board the amount of nine hundred

twelve dollars and fifty cents

($912.50)

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

2.

This docket

is hereby closed.

IT IS

SO ORDERED.

Section 41

of the Environmental Protection Act

(415 ILCS

5/41)

provides for the appeal

of final Board orders within

35

days.

The Rules of the Supreme Court of Illinois establish

filing requirements.

(See also,

35

Ill.

Adm.

Code

101.246,

Motions

for Reconsideration.)

I,

Dorothy

N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above opinion and order was

adopted on the

____________________

day of

_______________________

1993,

by

a vote

of

7-~

.

Dorothy M. Gin,

Clerk

Illinois Pollution Control

Board