ILLINOIS POLLUTION CONTROL BOARD
March 11,
1993
SANGAMON
COUNTY,
)
)
Complainant,
)
AC 92-37
(Docket B)
v.
)
(SCDPH 92—AC-12)
(Administrative Citation)
GERALD
B. MILLER
)
)
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
On February 22,
1993, the Board received a letter from
Robert
L.
Smith, Assistant State’s Attorney for Sangamon County.
Mr.
Smith seeks clarification from the Board as to the
designation of the payee of the hearing costs.
The Board in its
February 4,
1993 order ordered that all hearing costs be paid to
the State of Illinois for deposit to the General Revenue Fund.
The Board will construe this letter as a motion for
reconsideration.
Sangamon is instructed to brief the issue of
the proper designated payee for hearing costs.
As the authority
for Sangainon County to bring this action arises from a delegation
agreement with the Environmental Protection Agency
(Agency)
pursuant to 415 ILCS 5/4(r)
(1992)1, the Board also requests the
Agency to submit briefs on this issue.
Briefs are to filed with
the Board on or before April
2,
1993.
The Board refers Sangamon County and the Agency to County of
DuPage v.
E
& E Hauling. Inc.
(February 8,
1990), AC 88—76,
AC
88-77 and In the Matter of: Bi-State Disposal.
Inc.
(February 23,
1989), AC 88-33 for prior Board orders related to this issue.
If payment has not already been made, the Board hereby stays
the payment of the hearing costs by Mr. Miller until after
resolution of this matter.
IT IS SO ORDERED.
I, Dorothy H.
Gunn,
Clerk of the Illinois Pollution Control
Board
do hereby certi~f that the above order was adopted on the
/
day of
£t-t~~c~~/L/
,
1993,
by a vote of
(~-o.
/~
~1K/~-&-c~Tl~
~i)L
Dorothy H.
unn, Clerk
Illinois P
lution Control Board
1
Previously
codified at
Ill.
Rev.
Stat.
ch.
111
1/2 par
1004.
OJI~~Q_oQ95