ILLINOIS POLLUTION CONTROL BOARD
    August 26,
    1993
    SANGAMON COUNTY DEPARTMENT OF
    )
    PUBLIC HEALTH,
    )
    )
    Complainant,
    AC 92—79
    V.
    )
    Docket B
    )
    (Administrative Citation)
    LEE HSUEH
    (SPRINGFIELD/HSUEH)
    )
    (SCDPH-92-AC-20)
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    This matter comes to the Board on an Administrative Citation
    filed by the Sangalnon County Department of Public Health
    (County)
    pursuant to the Illinois Environmental Protection Act
    (Act)
    (415
    ILCS 5/1 et.
    seq.
    (1992)).
    The citation was filed on November
    12,
    1992, and alleges that respondent,
    Lee Hsueh, the owner of
    property in Sangamon County violated Sections 21(p) (1)
    and
    21(p) (3) of the Act by causing or allowing open dumping of wastes
    that resulted in litter and open burning.
    On July 1,
    1993, the Board found,
    in Docket A of this
    appeal, Mr. Lee Hsueh in violation of section
    21(p) (1).
    The
    Board imposed a penalty of $500 against Mr. Hsueh for this
    violation and also ordered him to pay hearing costs.
    The Board
    instructed the Clerk of the Board and Sangamon County to submit
    affidavits of hearing costs.
    On July 12,
    1993,
    Sangamon County
    filed an affidavit of costs claiming $250.00 in attorney fees and
    $55.00 in witness fees.
    Although section 42(b)(4) of the Act does not define
    “hearing costs,” the term “costs” has acquired a fixed and
    technical meaning in the law.
    “Costs are allowances in th’-
    nature of incidental damages awarded by law to reimburse the
    prevailing party,
    to some extent at least,
    for the expenses
    necessarily incurred in the assertion of his rights in court.”
    (Galowich v.
    Beech Aircraft Corp.,
    92 Ill.
    2d 157,
    441 N.E.2d
    318,
    321
    (1982).)
    “A successful litigant,
    however,
    is not
    entitled to recover the ordinary expenses of litigation and trial
    preparation, and only those items designated by statute to be
    allowable can be taxed as costs.”
    ~
    441 N.E.2d at 322.)
    Attorneys’ fees are separate and distinct from costs and are not
    recoverable as such.
    (Meyer
    v. Marshall,
    62
    Ill.
    2d 435,
    343 N.E.
    41
    (1943); Ritter
    y.
    Ritter,
    381 Ill.
    549 46 N.E.
    2d 41
    (1943).)
    Additionally,
    an expert witness’
    fees for testifying are not
    recoverable as “costs.”
    (Naiditch v.
    Schaf Home Builders,
    Inc.,
    160 Ill.
    App.
    3d 245,
    512 N.E.2d 486,
    498
    (2d Dist.
    1987).)
    The Board finds that Sangainon County’s affidavit of hearing
    2
    costs improperly seeks reimbursement for attorney fees and for
    expert witness fees for testifying.
    The affidavit departs from
    prior affidavits of hearing costs submitted in Administrative
    Citation Docket B proceedings where the Agency or unit of local
    government
    (see, Bi-State Disposal.
    Inc.
    (February 23,
    1989), AC
    88-33,
    County of DuPage v.
    E & E Hauling
    (February 8,
    1990), AC
    88—76, AC 88—77
    (cons.)) has been reimbursed for the travel
    expenses of their attorney and inspector.
    Therefore, Sangamon County is directed to submit a new
    affidavit of hearing costs within 30 days of this order.
    Sangamon County’s affidavit should specify costs consistent with
    this order.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board hereby cer1~fythat the above order was adopted on the
    c~Y~
    day of
    y~-~?
    ~
    ,
    1993 by a vote of
    _____________
    e~z~
    ~.
    Dorothy N. Gu,~,Clerk
    Illinois Poiflition Control Board

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