ILLINOIS POLLUTION CONTROL BOARD
    November
    7,
    1991
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    )
    Complainant,
    AC 90-26
    v.
    )
    Docket B
    )
    (IEPA Case No.
    134—90—AC)
    ESG WAT~S, INC.,
    a foreign
    )
    (Administrative Citation)
    Corporation licensed to do
    )
    business in Illinois,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board from the filing of an
    Amended Administrative Citation by the Illinois Environmental
    Protection Agency (“Agency”), pursuant to Section 31.1 of the
    Illinois Environmental Protection Act (“Act”).
    The citation,
    as
    amended, alleged that on January 29,
    1990 ESG Watts,
    Inc.
    violated section 21(p) (1)
    and 21(p) (5)
    of the Act and that on
    February 9,
    1990 ESG Watts,
    Inc. violated Section 21(p) (1).,
    21(p) (2),
    21(p) (3)
    and 21(p) (5)
    of the Act.
    The civil penalties
    established for each of these violations
    is $500.00 plus any
    hearing cost incurred by the Board or the Agency.
    A petition for review was filed by the Respondent and
    subsequently withdrawn.
    On August
    8,
    1991 the Board issued an
    Opinion and Order finding that the cited violations had occurred
    and imposing a penalty of $3,000.00.
    The Board also directed the
    Clerk of the Board and the Agency to file affidavits declaring
    their hearing costs.
    The Agency has not filed an affidavit.
    The Clerk of the
    Board filed an affidavit on September 6,
    1991 stating that the
    hearing costs incurred by the Board were $159.75.
    The total
    hearing costs to be assessed against the Respondent are $lE~9.75.
    This Opinion constitutes the Board’s findings of facts.and
    conclusions of law in this matter.
    127—45
    ORDER
    It is hereby ordered that within thirty days of the date of this
    Order, ESG Watts,
    Inc.
    shall, by certified check or money order,
    payable to the State of Illinois and designated for deposit into
    the General Revenue Fund, pay as compensation for hearing costs
    incurred by the Board and Agency, the amount of $159.75, which is
    to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    This docket
    is hereby closed.
    Section 41 of the Environmental Protection Act,
    Ill.Rev.Stat.
    1989,
    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 requirements.
    IT IS SO ORDERED.
    Board Member
    3. Theodore Meyer dissents.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    __________
    day of
    ___________________,
    1991,
    by
    avoteof
    _______________.
    ~
    ~
    ~-1Dorothy
    N. G~n, Clerk,
    Illinois PolU~itionControl Board
    127—46

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