ILLINOIS POLLUTION CONTROL BOARD
    June
    3,
    1993
    SANGAMON
    COUNTY,
    )
    )
    Complainant,
    AC
    92—78
    v.
    )
    (Administrative Citation)
    )
    (Docket B)
    PHILIP PENNINGTON,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by R. C.
    Flemal):
    This matter
    comes
    before the Board on an April 27,
    1993
    reply/objection to a statement of costs incurred filed by the
    respondent.
    No responses to the reply were filed.
    Section 42(b)(4)
    of the Environmental Protection Act
    (415
    ILCS 5/42(b) (4)
    (1992) (Act) provides that any person found in
    violation of an administrative citation
    (AC) provision shall pay
    a fine of $500 per violation plus any hearing costs incurred by
    the
    Agency
    and
    the
    Board.
    On
    March
    25,
    1993
    the
    Board
    found
    respondent
    in
    violation
    of
    Section
    21(q)
    (1)
    of
    the
    Act
    and
    imposed a penalty of $500.
    The Board also directed the Clerk of
    the Board and Sangamon County to file statements of costs within
    30 days of the March 25,
    1993 opinion and order.
    On March 30,
    1993 the Clerk of the Board filed a statement of costs totalling
    $465.
    On April
    2,
    1993 Sangamon County filed a statement of
    costs totalling $110.
    Both filings were supported by affidavit.
    In paragraph
    1 of his filing, Philip Pennington objects to
    the costs,
    in particular the costs incurred by the Board,
    stating
    that these costs “appear to be excessive on their face”
    and
    “should be reviewed on a line item basis and compared to costs
    charged by others engaged in similar fields”
    (Reply at ¶1).
    In paragraph
    2 of his filing, the respondent alleges that
    the costs should never have been assessed against him because he
    “was wrongfully denied a hearing in this cause”
    (Reply at ¶2).
    The Board finds
    as to paragraph
    2 that the arguments are in the
    nature of a reconsideration of the case on the merits in docket
    A.
    The respondent has not properly filed a motion for
    reconsideration of docket A in this matter.
    However, on April
    23,
    1993,
    Pennington
    filed
    an
    appeal
    of
    the docket A proceeding
    in the Second District Appellate Court.
    The Board finds that it
    no longer has jurisdiction to address matters in docket A as that
    matter is currently before the appellate court..
    ci
    I
    L~3—OO97
    2
    Pertaining to paragraph 1, the Board finds that the
    respondent has not shown that the costs incurred are excessive as
    alleged.
    The burden of proof in this matter is on the
    respondent,
    and the respondent has not supported his allegations
    with facts or otherwise carried the burden of proof.
    The Board
    finds that the cost documents submitted accurately reflect the
    hearings costs incurred by the Board and Sangamon County, as
    supported by the affidavits.
    Therefore, the total hearing costs
    of $575 are assessed against the respondent.
    This constitutes the Board’s findings of fact and
    conclusions of law in docket B of this matter.
    ORDER
    1)
    It is hereby ordered that within 30 days of the date of
    this order, Philip Pennington 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 $465 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield IL 62706
    2)
    It is hereby ordered that also within 30 days of the
    date of this order, Philip Pennington shall, by
    certified check or money order payable to the Sangamon
    County Public Health Department, pay as compensation
    for hearing costs incurred by Sangamon County, the
    amount of $110.00 which is to be sent to:
    James
    D.
    Stone
    Director of Public Health
    Sangamon County Department of Public Health
    200 South Ninth Street
    Room 301
    Springfield, Illinois 62701
    3)
    Respondent shall write the case name and number and his
    social security or federal employer identification number on
    the certified checks or money orders.
    4)
    Docket B
    is hereby closed.
    IT IS SO ORDERED.
    Board Member J. Anderson concurs.
    01 ~3-OO98
    3
    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.
    (See also 35 Ill. Adm. Code 101.246,
    Motions for Reconsideration)
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board~ hereby certify t
    t the above order was adopted on the
    jA-ö.~
    day of _______________________, 1993,
    by a vote of
    Illinois
    ,77
    ~
    Control Board
    0
    ~3-0O99

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