ILLINOIS POLLUTION CONTROL BOARD
December
3,
1992
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
)
Petitioner,
)
v.
)
AC 92-3 (Docket B)
)
(IEPA Docket No.
52-92-AC)
)
(Administrative Citation)
DENNIS GRUBAUGH,
)
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by G.
T.
Girard):
On January 27,
1992, the Illinois Environmental Protection
Agency
(Agency)
filed an administrative citation alleging that on
November 25,
1991,
an on—site inspection of respondent’s property
disclosed violations of Section 21(p) (1) and 21(p) (3)
of the
Illinois Environmental Protection Act (Act).
(Ill. Rev.
Stat.
1991,
ch.
111 1/2 par.
1021.)
On February 25,
1992,
the Board
received a letter from the respondent which the Board construed
as a request to review the issuance of the citation.
Hearing was held on Nay 22,
1992,
in Vandalia, Illinois.
No
members of the public attended.
On October 16,
1992, the Board
issued an Order finding that the cited violations had occurred
and imposed a penalty of one thousand dollars
($1,000).
The
Board also directed the Clerk of the Board and the Agency 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 forty dollars and eight cents
($540.08).
The Agency
filed an affidavit on November 23,
1992,
stating that the
Agency’s costs were thirty eight dollars
($38.00).
Therefore,
the total hearing costs to be assessed against Respondent are
five hundred seventy-eight dollars and eight cents
($578.08).
This Opinion constitutes the Board’s findings of facts and
conclusions of law in this matter.
ORDER
1.
It is hereby ordered that within 30 days of the date of
this Order, Dennis Grubaugh 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
and the Agency, the amount of five hundred seventy—
eight dollars and eight cents
($578.08) which is to be
UI 37-0599
2
eight dollars and eight cents
($578.08) 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.
This docket is hereby closed.
Section 41 of the Environmental Protection Act
(Ill.Rev.Stat.
1991,
ch.
111 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 I1l.2d 304,
547 N.E.2d 437.)
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby,certify that the ,~boveOpinion and Order was
adopted on the
~L~~’-
day
of __________________________,
1992,
by a vote of
7~c
~
!2.
Dorothy M.4i~inn,Clerk
Illinois Rçrilution Control Board
n
I
~
r~e
U
..)
/
—
U ~)