ILLINOIS POLLUTION CONTROL
BOARD
August
8,
1991
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
)
Complainant,
)
V.
)
AC 90-36
(Docket B)
(Administrative Citation)
)
ESG WATTS,
INC.
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by J.
C. Marlin):
This matter comes to the Board on an Administrative Citation
filed by the Illinois Environmental Protection Agency (“Agency”)
pursuant to the Illinois Environmental Protection Act
(hereinafter “the Act”)
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2, par.
1001 et. seq.).
The citation was issued May 7,
1990 and alleges
that Respondent, ESG Watts,
is
in violation of Section 21
(p) (2),
(p) (3),
(p) (5) and
(p) (11)
of the Act.
Hearing was held August 22,
1990 in Springfield, Illinois.
On June 20,
1991 the Board issued an Order finding that the cited
violations had occurred and imposed a penalty of $2,000.00.
The
Board also directed the Clerk of the Board and the Agency to file
affidavits declaring their hearing costs.
On July 2,
1991, the Clerk of the Pollution Control Board
filed an affidavit stating that the
Board’s hearing costs were
$2,184.23.
On June 28,
1991, the Agency filed an affidavit
stating it had no hearing costs.
The total hearing costs to be
assessed against Respondent are $2,184.23.
This Opinion constitutes the Board’s findings of facts and
conclusions of law in this matter.
ORDER
1.
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 $2,184.23 which is
to be sent to:
125—47
Illinois Environmental Protection Ageflcy
Fiscal Service Division
2200 Churchill Road
Springfield, Illinois 62706
2.
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 Members J.D. Dumelle and
3.
Theodore Meyer dissent.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify~at the above Opinj.pn and Order was
adopted on the
—
day of ________________________
l99lbyavoteof
____________
~7.
~
1~orothyN. ~unn,
Clerk
Illinois Pollution Control Board
124—48