ILLINOIS POLLUTION CONTROL BOARD
    June
    3,
    1993
    SANGANON
    COUNTY,
    Complainant,
    AC
    92—37
    V.
    )
    Docket
    B
    (Administrative
    Citation)
    GERALD
    B.
    MILLER,
    )
    (SCDPH
    92-AC-12)
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board on the issue of the
    proper payee of hearing costs in an administrative citation
    issued by a unit of local government.
    Also before the Board is a
    motion to stay the payment of the hearing costs by Mr. Miller.
    On February 22,
    1993, the Board received a letter from
    Robert L.
    Smith,
    Assistant State’s Attorney for Sangamon County.
    Mr. Smith requested clarification from the Board as to the
    designation of the payee of the hearing costs
    in its February 4,
    1993 order.
    In a March 11,
    1993 order, the Board construed the
    letter as
    a motion for reconsideration and instructed Mr.
    Smith
    and the Environmental Protection Agency
    (Agency)
    to submit briefs
    on the issue by April
    2,
    1993.
    On March 12,
    1993, Sangamon
    County filed a motion for reconsideration of the payment of
    hearing costs
    in the Board’s February 4,
    1993 order.
    Sangamon
    County filed its brief on the issue of the payee of the hearing
    costs on April
    1,
    1993.
    The Agency filed its brief on April 20,
    1993,
    along with a motion to file the brief instanter.
    On April
    22,
    1993,
    the Board issued an order requesting a comment from the
    Office of the Comptroller on this issue.
    The Office of the
    Comptroller has not filed a response to the Board’s order.
    On February 4,
    1993, the Board determined that the total
    amount of hearing costs in this matter was $952.25 and ordered
    Mr. Miller to make payment within 30 days or by March 6,
    1993 to
    the General Revenue Fund.
    In a March 11,
    1993 order,
    the Board
    stayed the payment of the hearing costs by Mr. Miller until after
    resolution of the motion for reconsideration.
    Sangamon County,
    in its motion for reconsideration, argues
    that the $90.00
    in hearing costs incurred by the county should be
    paid to Sangamon County.
    Sangamon County contends that pursuant
    to
    42(f)
    of
    the
    Environmental
    Protection
    Act
    (Act)
    (415
    ILCS
    5/42(f)
    (1992)) any funds collected under this subsection where a
    State’s Attorney has prevailed shall be retained by the county in
    which he serves.
    The Board finds that Section 42(f)
    of the Act does not
    pertain to administrative citations.
    Section 42(f)
    allows for
    ~:
    Iti.3-0087
    2
    the recovery of costs and reasonable attorney fees where a person
    has committed a wilful, knowing or repeated violation of the Act.
    The recovery of hearing costs associated with an administrative
    citation is provided by Section 42(b)(4).
    This section of the
    statute allows for a civil penalty of $500 for each violation,
    plus any hearing costs incurred by the Board and the Agency in an
    administrative citation.
    This section also provides that 50
    of
    the civil penalty assessed in an administrative citation is
    payable to the unit of local government but does not make any
    designations concerning the payment of the hearing costs.
    The Agency is authorized to enter into delegation agreements
    with any unit of local government, delegating all or portions of
    its functions.
    (415 ILCS 5/4(r)
    (1992).)
    The procedure for
    payment of the penalty in an administrative citation proceeding
    is specified in the delegation agreement.
    However, while the
    delegation agreement between the Agency and Sangamon County
    specifies how payment of the civil penalty is to be made in
    paragraph 11, the agreement does not address the issue of the
    hearing costs.
    The Agency argues that payment of the county’s hearing costs
    to the county is consistent with the legislative intent of the
    Act.
    The Agency contends that the legislature purposely did not
    specify a specific fund or manner to pay the costs because it was
    aware
    of the multitude of funds to be created when each unit of
    local government adopted its own financial accounting system.
    The Agency maintains that the effect of not recovering even small
    hearing costs could adversely affect the budget of the unit of
    local government.
    Sarigamon County and the Agency are in agreement that the
    hearing costs incurred by the unit of local government are
    recoverable by the unit of local government.
    The parties also
    agree that payment of hearing costs should be sent directly to
    the
    fund, designated by the unit of local government.
    The Agency
    suggests that the Board require the unit of local government to
    indicate the proper payee when submitting its affidavit of costs.
    The Board grants reconsideration of its February 4,
    1993
    order.
    The Board has previously interpreted the phrase “hearing
    costs incurred by the Board and the Agency” found in Section
    42(b)4 of the Act, to include hearing costs incurred by a unit of
    local government in an administrative citation procedure due to
    the Agency’s delegation of its authority and the legislative
    intent.
    (In the matter of: Bj-State Disi~osal,Inc.
    (February 23,
    1989), AC 88-33; County of Du Page v.
    E
    & E Hauling,
    Inc.
    (February 8,
    1990), AC 88—76
    & AC 88-77.)
    In these cases,
    as in
    the vast majority of cases where hearing costs were recovered by
    a unit of local government, the Board ordered that all hearing
    costs be paid to the General Revenue Fund.
    This practice is
    U
    3
    consistent with the procedure the Board follows when the hearing
    costs are incurred by the Agency.
    The Board does not find any statutory language that directs
    how payment of hearing costs
    is to be made.
    The Agency and
    Sangamon County are in agreement that the payment of hearing
    costs should be made directly to the unit of government that
    incurred the costs.
    Therefore, the Board will follow this
    practice and direct the payment of hearing costs to the unit of
    local government that issued the administrative citation and
    incurred the hearing costs.
    Accordingly, the Board vacates it February 4,
    1993 order.
    The Board enters
    a new order in this matter requiring payment of
    $90.00, representing the hearing costs incurred by Sangainon
    County,
    to be made to Sangamon County and the payment of $862.25
    to the General Revenue Fund representing the hearing costs
    incurred by the Board.
    The Board finds that Mr. Miller’s motion for stay of the
    Board’s February
    4,
    1993 order
    is moot because the Board in this
    order has vacated its order of February 4,
    1993.
    In addition,
    Mr. Miller has not presented any reason for the Board to stay the
    payment of the hearing costs.
    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, the amount of eight
    hundred sixty-two dollars and twenty-five cents
    ($862.25)
    which is to be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL
    62794—9276
    2.
    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 County of Sangamon, pay as
    compensation for hearing costs incurred by the County of
    Sangamon, the amount of ninety dollars ($90.00) which is to
    be sent by First Class mail to:
    James D.
    Stone, Director
    Sangamon County Department of Public Health
    200 South Ninth, Room 301
    Springfield,
    Il 62701
    C)
    i~3-OO89
    4
    3.
    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.
    4.
    This docket
    is hereby closed.
    IT IS SO ORDERED.
    J. Anderson concurred.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992)), provides for appeal of final orders of the Board
    within
    35 days.
    The Rules of the Supreme Court of Illinois
    establish filing requirements.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, herpby certify that t
    above order was adopted on the
    -
    ~—
    day of
    ,
    1993,
    by a vote of
    ~,
    ~
    Dorothy M. Mnn,
    Clerk
    Illinois P~J1lutionControl Board
    o
    i

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