ILLINOIS POLLUTION CONTROL BOARD
March 14, 1991
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
V.
)
AC 89—156
Docket B
(Administrative Citation)
JOHN A. GORDON,
)
(IEPA No. 9758-AC)
Respondent.
OPINION AND ORDER OF THE BOARD
(by B.
Forcade):
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 filed July
13,
1989,
and
alleges that Respondent,
John A. Gordon,
the owner and operator
of a facility located in Jackson County,
Illinois
is
in violation
of Section 21(q) (1) and 21(q) (3)
of the Act for causing or
allowing open dumping of wastes that result in litter and result
in open burning.
A Petition for Review was filed with the Board on July
13,
1989.
Hearing was held November
3,
1989,
at the Community Center
in Carbondale,
Illinois.
On January 24,
1991 the Board issued an
Order finding that the cited violations had occurred and imposed
a penalty of
$1000.00.
The Board also directed the Clerk of the
Board and the Agency to file affidavits declaring their hearing
costs.
On February 25,
1991,
the Clerk of the Pollution Control
Board filed an affidavit stating that the Board’s hearing costs
were $1,134.40.
On February 22,
1991 the Agency filed an
affidavit stating its hearing costs were $153.80.
The total
hearing costs to be assessed against Respondent
is $1,288.20.
This Opinion constitutes the Board’s findings of facts and
conclusions of law in this matter.
ORDER
It is hereby ordered that within thirty days of the date of
this Order, John A. Gordon 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
$1,288.20 which is to be sent to:
120—99
2
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.
ill 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.
Board member
J. Theodore Meyer dissented.
Board member Jacob Dumelle abstained.
IT IS SO ORDERED.
I,
Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify th~the above Opinion and Order was
adopted on the
_______________
day of
____________________
1991,
by a vote of
______________
/Ll~
Dorothy
r~
Gunn,
Clerk
Illinois Pollution Control Board
120—100