ILLINOIS POLLUTION CONTROL BOARD
    December
    3,
    1992
    SANGANON
    COUNTY,
    )
    )
    Complainant,
    )
    v.
    )
    AC 92—48
    (Docket B)
    (SCDPH—92—AC13)
    )
    (Administrative Citation)
    DELMAR
    DONLEY
    & DON
    CHEN,
    )
    INC.,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF THE
    BOARD
    (by G.
    T. Girard):
    On June 10, 1992,
    the Board received an administrative
    citation (citation)
    filed by Sangamon County pursuant to Section
    31.1 of the Illinois Environmental Protection Act
    (Act)
    (Ill.
    Rev. Stat.
    1991,
    ch.
    111 1/2 par.
    1031.1) and delegated to the
    county pursuant to Section 4(r)
    of the Act.
    The citation alleges
    that on April 24,
    1992,
    an on-site inspection of respondent’s
    property disclosed violations of Section 21(p) (1)
    and 21(p) (3)
    of
    the Act.
    On June 5,
    1992, the Board received a request to review
    the issuance of the citation.
    Hearing on this matter was held September 8,
    1992,
    in
    Springfield, Sangamon County,
    Illinois.
    At hearing, the parties
    indicated that they had reached a settlement agreement and that
    the parties would be filing the agreement with the Board.
    On
    October
    5,
    1992, the Board received a “Stipulation Agreement”
    signed by all parties.
    In addition, on October
    5,
    1992,
    the
    Board received a motion to accept the stipulation agreement as a
    final disposition in this matter.
    On October 16,
    1992,
    the
    Board issued an Order accepting the stipulation and imposing a
    penalty of five hundred dollars
    ($500.00).
    The Board also
    directed the Clerk of the Board and the County to file affidavits
    declaring their hearing costs.
    On October 22,
    1992,
    the Clerk of the Board filed an
    affidavit stating that the Board’s hearing costs were five
    hundred seventy-four dollars
    ($574.00).
    The county filed an
    affidavit on October 28,
    1992,
    stating that the county’s costs
    were one hundred and ten dollars ($110.00).
    Therefore, the total
    hearing costs to be assessed against Respondent are six hundred
    eighty—four dollars
    ($684.00).
    This Opinion constitutes the Board’s findings of facts and
    conclusions of law in this matter.
    0 37-0601
    2
    ORDER
    1.
    It
    is hereby ordered that within 30 days of the date of
    this
    Order, Delmar Donley 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 five hundred seventy—four dollars
    ($574.00)
    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, Delmar Donley shall,
    by
    certified check or money order payable to the
    County of Sangamon pay as compensation for hearing
    costs incurred by the county, the amount of one
    hundred ten dollars
    ($110.00) which is to be sent
    by First Class mail to:
    James
    D.
    Stone, Director
    Public Health
    200 S.
    Ninth
    St.
    Room 301
    Springfield,
    IL
    62701
    3.
    This docket is hereby closed.
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat.
    1991,
    ch.
    ill
    1/2,
    par.
    1041)
    provides for the
    appeal of final orders of the Board within 35 days.
    The Rules of
    the Supreme Court of
    Illinois establish filing requirements.
    (But see also 35 Ill.
    Adm.
    Code 101.246, Motions for
    Reconsideration,
    and Castenada
    v.
    Illinois Human Rights
    Commission
    (1989),
    132 Ill.2d 304,
    547 N.E.2d 437.)
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the ,~aboveOpinion and Order was
    adopted on the
    9-~
    day of ___________________________
    ,
    1992,
    by
    a vote of
    7~
    ~.
    /
    ~Dorothy
    N.
    G,u$’n,
    Clerk
    Illinois PoiA~tion Control Board
    0
    37-0602

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