ILLINOIS POLLUTION CONTROL BOARD

February

4, 1993

SANGANON

COUNTY,

Complainant,

AC

92—37

v.

)

Docket

B

(Administrative

Citation)

GERALD

B.

MILLER

)

(SCDPH

92—AC-12)

)

Respondent.

OPINION

AND

ORDER OF THE BOARD (by B.

Forcade):

This matter comes to the Board on an Administrative Citation

filed by Sangamnon County pursuant to the Illinois Environmental

Protection Act

(Act)

(415 ILCS 5/1 et.

seq.,

(1992)).

The

citation was filed May 14,

1992,

and alleges that respondent,

Gerald B. Miller violated Section 21(p)(l)

of the Act by causing

or allowing open dumping of waste resulting in litter.

A petition for review was filed with the Board on June 16,

1992.

Hearing was held on September 8,

1992,

in Springfield,

Illinois.

On December 17,

1992,

the Board issued an order

finding that the cited violation had occurred and imposed a

penalty of five hundred dollars

($500.00).

The Board also

directed the Clerk of the Board to file an affidavit declaring

hearing costs.

On January

8,

1993, the Clerk of the Board filed an

affidavit stating that the Board’s hearing costs were eight

hundred sixty-two dollars and twenty-five cents

($862.25).

On

September 16,

1992, Sangamon County filed an affidavit stating

that the county’s hearing costs were ninety dollars

($90.00).

Therefore, the total hearing cost to be assessed against

respondent is nine hundred fifty-two dollars and twenty-five

cents

($952.25).

This opinion constitutes the Board’s findings of facts and

conclusions of law in this matter.

ORDER

1.

It is hereby ordered that within 30 days of the date of

this order, Gerald B. Miller 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 and the County, the amount of nine hundred fifty-

two dollars and twenty-five cents

($952.25) which is to

be sent by First Class mail to:

Q’t39-0t09

---

2

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield,

IL

62794—9276

Respondent shall write the case name and number and

social security or federal Employer Identification

Number on the certified check or money order.

Penalties unpaid after the due date shall accrue

interest pursuant to Section 42(g)

of the Illinois

Environmental Protection Act.

2.

This docket is hereby closed.

Section 41 of the Environmental Protection Act (415 ILCS

5/41,

(1992)) provides for the appeal of final orders of the

Board within

35 days.

The Rules of the Supreme Court of Illinois

establish filing requirements.

(But see also 35 Ill. Adm. Code

101.246, Motions for Reconsideration,

and Castenada v.

Illinois

Human Rights Commission

(1989), 132 Ill.2d 304, 547 N.E.2d 437.)

IT IS SO ORDERED.

J. Theodore Meyer dissented.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, do hereby certify that the~aboveopinion and order was

adopted on the

~rZ

day of

—1~--A~-~-

,

1993,

byavoteof

.5—/

.

7

~

~.

Dorothy N. ~nn,

Clerk

Illinois Po3.-lution Control Board

0139-UI

10