ILLINOIS POLLUTION CONTROL BOARD
    February 25,
    1993
    ST. CLAIR COUNTY,
    )
    Complainant,
    )
    V.
    )
    AC 92—33
    Docket
    A
    &
    B
    JAMES ALEXANDER, PRESIDENT
    )
    (Administrative Citation)
    OF ALEXANDER DEVELOPMENT CO.,
    )
    (SCCC 92-5 SC)
    INC.,
    )
    Respondent.
    MARC
    W.
    PARKER
    APPEARED
    ON
    BEHALF
    OF
    COMPLAINANT.
    JAMES
    ALEXANDER
    APPEARED
    PRO
    SE.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    J.
    Anderson):
    This
    matter
    is
    before
    the
    Board
    on
    respondent
    James
    Alexander’s
    (Alexander) May 20,
    1992 petition for review pursuant
    to Section 31.1(d) (2) of the Environmental Protection Act (Act)
    (415 ILCS 5/31.1(d) (2)
    (1992).)
    Alexander seeks review of~the
    administrative citation issued by complainant St. Clair County
    (St. Clair)
    finding two violations of Section 21(p) (1) of the Act
    (415 ILCS 5/21(p)(1)
    (1992)) and a single violation of Section
    and 21(p) (3) of the Act (415 ILCS 5/21(p) (3)
    (1992)).
    A hearing
    was held July 31,
    1992 in Belleville, Illinois.
    FACTS
    Alexander owns property in St. Clair County known as the
    Belleville/Alexander site.
    On April 30,
    1992, St Clair issued an
    administrative citation against Alexander finding that on March
    5, 1992 an on—site inspection revealed a open dumping resulting
    in litter and a March 25,
    1992 inspection revealed open dumping
    resulting in litter and open burning.
    Pursuant to Section
    42(b)(4) of the Act,
    St.
    Clair imposed a $1,500 civil penalty.
    (415 ILCS 5/42(b)(4)
    (1992).)
    Alexander filed a petition for
    review and a hearing was held.
    At hearing, the parties entered
    into a stipulation in which Alexander admitted to the March 5,
    1992 litter violation and agreed to pay a $500 civil penalty
    and
    costs and St. Clair agreed to dismiss the remaining two March 25,
    1992 violations.
    Pursuant to the stipulation, Alexander admits to violating
    Section 21(p) (1)
    of the Act and agrees to pay the $500 penalty in
    three monthly installments beginning August 10,
    1992 and all
    hearing costs.
    Today’s action (Docket A) constitutes the Board’s
    final action on the matter of the civil penalty.
    01 39-06L49
    2
    Alexander is also required to pay hearing costs incurred by
    St. Clair and the Board.
    The Clerk of the Board and St. Clair
    are each directed to file statements of costs, supported by
    affidavit, with the Board and with service upon Alexander.
    The
    matter of costs will be addressed by the Board in a separate
    order (Docket B).
    This constitutes the Board’s finding of fact and conclusions
    of law in this matter.
    ORDER
    1.
    The Board finds that respondent has caused open dumping
    resulting in litter in violation of SectiOn 21(p) (1)
    of
    the Act (415 ILCS 5/21(p)(1)
    (1992)).
    2.
    Unless the penalty has already been paid, within 45
    days of the date of this order respondent shall, by
    certified check or money order, pay a civil penalty of
    five hundred dollars ($500) payable to the Landfill
    Citation
    Fund
    at the following address:
    Paul Haas
    County
    Collector
    #10 Public Square
    Belleville, IL 62220
    3.
    Docket A is hereby closed.
    4.
    Within 30 days of the date of this order,
    St. Clair and
    the Clerk of the Board shall file statements of hearing
    costs, supported by affidavit and with service on James
    Alexander.
    Such filings shall be entered in Docket B
    of this matter.
    5.
    Respondent is given leave to file a reply/objection to
    the filings ordered in paragraph
    4 of this order within
    45 days of the date of this order.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders 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 Casteneda v. Illinois Human
    Rights Commission (1989),
    132 Ill.
    2d 304, 547 N.E.2d 437.)
    0139-0650
    3
    I, Dorothy
    14.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~ythat the a~veopinion and order was
    adopted on the
    ~
    day of
    ______________,
    1993 by a vote of
    /L~
    Dorothy M. ,7~unn,Clerk
    Illinois Pollution Control Board
    0139-0651

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