ILLINOIS POLLUTION CONTROL BOARD
    January 21,
    1993
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Petitioner,
    )
    v.
    )
    AC92—5 (A&B)
    )
    (IEPA No. 63—92-AC)
    RONALD
    D. RAWE and
    )
    (Administrative Citation)
    RETHA M. RAWE.
    )
    Respondent,
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On November 23,
    1992, the Illinois Environmental Protection
    Agency filed a motion for reconsideration.
    The motion asks the
    Board to reconsider its opinion and order of October 16,
    1992.
    The respondents have not filed a response to the motion for
    reconsideration.
    The Board grants the motion to reconsider.
    The Board’s October 16,
    1992 opinion and order concluded
    that the Agency failed to show that Ronald and Retha Rawe
    (Rawes)
    were the owners of the property containing site 1 and site 2 on
    which open dumping had occurred.
    The Agency,
    in its motion, contends that the Board relied
    on
    testimony excluded from the record by timely and sustained
    objections.
    The Agency further argues that the Board failed to
    consider competent testimony and evidence admitted into the
    record by the hearing officer.
    The motion states that the
    conclusion that the road was capable of movement was based on
    hearsay testimony from Ronald Rawe which
    was
    objected to and
    sustained by the hearing officer.
    The Agency asserts that the
    Board did not consider the deed to the property and the testimony
    of Violet Rawe in reaching their conclusion.
    The Agency argues
    that only the incentive to avoid future enforcement will result
    in a clean-up effort.
    The Board believes that the Agency’s arguments have merit.
    Therefore, the Board will reverse its decision regarding
    ownership of sites
    1 and 2.
    The Board finds that the deed
    clearly indicates that the property line of respondents’ property
    extends to the road.
    Thus, respondents own sites 1 and 2.
    The Board notes that only the portion of its October 16,1992
    opinion and order relating to sites
    1 and
    2
    is reversed, the
    remainder of the opinion and order
    is affirmed.
    Further,
    the
    reversal of the Board’s previous holding on sites
    1 and
    2 will
    not affect
    the
    fine imposed in this matter.
    The Agency had cited
    0138-0529
    2
    the respondents for only one count of violation.
    Therefore,
    the
    fine will remain five hundred dollars ($500).
    This matter is also before the Board for assessment of
    hearing costs pursuant to Section 42(b)
    of the Environmental
    Protection Act
    (Act).
    (Ill. Rev. Stat.
    1991,
    ch.
    111 1/2, par.
    1042(b).)
    On October 15,
    1992,
    the Board found Ronald and Retha
    Rawe in violation of Section 21(p) (1)
    of the Act and imposed a
    penalty of $500 on respondent.
    The Board also directed the Clerk
    of the Board and the Ageflcy to file a statement of costs within
    30 days of the August 13, 199~,opinion and order.
    On October
    22,
    1992, the Clerk of the Board filed a statement of costs
    totaling $837.59.
    On November 23,
    1992, the Agency filed a
    statement claiming no costs in this matter.
    The respondents have
    filed no objection or response to these filings.
    This constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1)
    The Board hereby reverses its decision of October 16,
    1992 regarding sites
    I and 2.
    The remainder of that
    decision is affirmed.
    2)
    It is hereby ordered that within 30 days of the date of
    this order, Ronald and Retha Rave shall,
    by certified
    check or money order payable to the State of Illinois
    and designated for deposit in the General Revenue Fund,
    pay as compensation for hearing costs incurred by the
    Board, the amount of $837.59 which is to be sent to:
    Illinois Environmental Protection. Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL
    62706
    3)
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111 1/2, par 1041) provides for appeal of final
    orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing reguirtments.
    (But see also
    35 Xli. Adm. Code 101.246, Motions for Reconsideration,
    and
    Castenada
    V.
    Illinois Human Rights Commission
    (1989),
    132 Ill.
    2d
    304, 547 N.E.2d 437.)
    Board Members Joan Anderson, John C. Marlin and Bill Forcade
    concurred.
    0138-053Q
    3
    Board Member
    J. Theodore Meyer dissents.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby c~rtifythat the above order was adopted on the
    ~‘,‘-~
    day ~
    1993, by a vote of
    .5-I
    /
    .1
    _________
    Dorothy M.’~unn,Clerk
    Illinois ~6l1ution Control Board

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