ILLINOIS POLLUTION CONTROL BOARD
    December 19,
    1991
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    )
    AC 90—91
    )
    Docket
    B
    v.
    )
    (Administrative Citation)
    )
    (IEPA No.529—90—AC)
    BERNARD LEITSCHUH,
    )
    )
    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 November 26,
    1990, and
    alleges that Respondent,
    Bernard Leitschuh,
    the operator of a
    facility located in Montgomery County,
    Illinois is in violation
    of Section 21(q)
    (1) and 21(q)
    (3) of the Act for causing or
    allowing open clumping of waste that results in litter and results
    in open burning.
    A Petition for Review was filed with the Board on December
    21,
    1990.
    Hearing was held on July 12,
    1991,
    at the Montgomery
    County Courthouse in Hilisboro, Illinois.
    On October 24,
    1991,
    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 November
    6,
    1991, the Clerk of the board filed an
    affidavit stating that the Board’s hearing costs were four
    hundred fifty-one dollars ($451.00).
    On November 18,
    1991, the
    Agency filed an affidavit stating that the Agency’s hearing costs
    were twenty—five dollars
    ($25.00).
    Therefore, the total hearing
    cost to be assessed against Respondent is four hundred seventy—
    six dollars ($476.00)
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    It is hereby ordered that within 30 days of the date of
    this Order, Bernard Leitschuh shall,
    by certified check
    or money order payable to the State of Illinois,
    designated for deposit to the General Revenue Fund,
    pay
    128—315
    2
    as compensation for hearing costs incurred by the Board
    and the Agency, the amount of four hundred seventy-six
    ($476.00) which is to be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Divisions
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL
    62794—9276
    Respondent shall write the case name and number and
    social security or federal Employer Identification
    Number on the certified check or money order.
    Penalties unpaid after the due date shall accrue
    interest pursuant to Section 42(g)
    of the Illinois
    Environmental Protection Act.
    2.
    This docket is hereby closed.
    Section 41 of the Environmental Protection Act
    (Ill. Rev.
    Stat.
    1990 supp.,
    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.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, do)~x~ebycertify~hatthe above Opinion Order was adopted
    on the /~i’~’day of
    ___________________,
    1991, by a vote of
    7-O
    72
    ~?.
    ~
    Dorothy M. Gin,
    Clerk
    Illinois Pol~utionControl Board
    128—316

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